UNITED INDIA INSURANCE CO. LTD. Vs. SYAMRAJ

JUDGEMENT

(1.) The 3rd respondent-insurer in OP(MV) No.904/2009 of the Motor Accidents Claims Tribunal, North Paravur, has filed this appeal aggrieved by the Award dated 03.04.2014 therein. The petitioner in the said OP(MV) has preferred Cross Objection No.186/2014.

(2.) On 25.12.2008, the respondent (petitioner in the OP(MV)) while travelling on a motorcycle as pillion rider, was hit by another motorcycle which came in a rash and negligent manner. The respondent sustained very serious injuries and was taken to Lakeshore Hospital, Ernakulam. The respondent had to be treated in the hospital for one long year, as in-patient. The respondent came out of the hospital totally disabled. His disability was assessed at 90%. The respondent filed OP(MV) assessing damages of Rs. 1,38,40,000/-. But, the claim was limited to Rs. 75,00,000/-.

(3.) The appellant-insurer alone contested the OP(MV). The insurance coverage on the offending vehicle was admitted. But, the appellant contended that accident was not due to the rash and negligent driving of the offending motorcycle. The appellant is not liable to indemnify the owner of the motorcycle since there was violation of policy condition. The appellant denied the age, occupation and monthly income of the respondent and nature of injuries sustained by him. The respondent produced Exts.A1 to A25 documents and examined PWs 1 and 2. The appellant did not adduce any oral or documentary evidence.