DIRECTOR GENERAL OF POLICE Vs. MATHEWRAJ KALLIKKADAN

JUDGEMENT

(1.) The Director General of Police who is the owner of an offending vehicle, and the Kerala State Insurance Department who is the insurer of the vehicle, are in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 28.05.2014 in OP(MV) No.264/2010 of the Motor Accidents claims Tribunal, Vatakara.

(2.) The 1st respondent filed OP(MV) No.264/2010 stating that on 30.09.2008, while he was on duty in a police jeep bearing registration No.KL-01AG-9488, when the jeep driven by the 2nd respondent reached the public road at Mampuzha bridge, Thondayad, the driver lost control of the jeep due to his negligent driving. The jeep run out of the road and hit on a stone guard. The 1 st respondent thereupon sustained serious injuries. Hence, he filed the OP(MV) under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 11,60,000/-.

(3.) All the respondents in the OP(MV) resisted the petition. In his written statement, the 1 st appellant-owner of the vehicle though admitted the factum of the accident, denied the negligence attributed to the 2 nd respondent-driver. The driver (2nd respondent in OP(MV)), in his written statement, stated that the 1st respondent-claimant was seated in the front seat of the offending vehicle by stretching out his leg and the said posture caused the injuries. The 2 nd appellant-insurer admitted the insurance but denied the nature of injuries sustained by the 1 st respondent. The 2nd respondent questioned the quantum of compensation also.