NEW INDIA ASSURANCE COMPANY LIMITED Vs. VIKRAMAN

JUDGEMENT

(1.) The appellant-insurer is aggrieved by the direction to them to make payment of compensation awarded in OP(MV) No.1526/2002, of the Motor Accidents Claims Tribunal, Thiruvananthapuram.

(2.) The 1st respondent in this appeal filed the OP(MV) stating that on 18.02.2002, while the 1 st respondent was travelling as a pillion rider on a motorcycle ridden by the 3rd respondent with reckless speed, the motorcycle hit the rear of an Ambassador car. The 1 st respondent stated that the accident occurred because the driver of the car turned the vehicle backwards without showing any signal. The appellant claimed compensation for an amount of Rs. 3,50,000/-.

(3.) The 2nd respondent herein was the owner of the motorcycle. The 3rd respondent was riding the motorcycle. The 4th respondent was the owner of the car and the 5 th respondent its insurer. The Tribunal, after examining the evidence, held that the accident occurred only due to the rash and negligent riding of the motorcycle by the 3 rd respondent. The Tribunal awarded a compensation of Rs. 1,13,800/- with 9% interest. The appellant herein was directed to pay the compensation.