NEW INDIA ASSURANCE COMPANY LIMITED Vs. V.VIJAYAKUMAR

JUDGEMENT

(1.) The appellant - Insurance Company - was the third respondent in OP (MV) No.248 of 2000 on the file of the Motor Accidents Claims Tribunal, Thalassery. The first respondent in this appeal was the petitioner and the respondents 2 and 3 were the respondents 4 and 5 before the Tribunal. The respondents 1 and 2 in the claim petition, owner and driver of the offending vehicle, have not been impleaded as parties in the appeal because the appellant admitted the insurance policy. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The petitioner had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.5,00,000/- for the injuries that he sustained in a motor accident that took place on 10.10.1999, while he was riding pillion on a motor cycle bearing registration No.KL- 13/E-532. The motor cycle was hit by a jeep bearing registration No.KA-21/M-1047, which was driven by the second respondent, owned by the first respondent and insured with the third respondent.

(3.) The Tribunal by the impugned award found that there was composite negligence on the part of the respondents 2 and 4 and held that the petitioner is allowed to realise an amount of Rs.1,52,000/- with 7% interest and cost from the respondents 1 to 4 jointly and severally. The third respondent/appellant was directed to pay the compensation amount to the petitioner. However, there was no direction/observation in the award enabling the third respondent to recover the compensation amount from the other respondents.