NEW INDIA ASSURANCE CO LTD Vs. RAGHU

JUDGEMENT

(1.) All these appeals are filed against the common award in OP (MV) Nos. 2002/95, 540/96 and 541/1996 on the file of the Motor Accidents Claims Tribunal, Ottappalam. Appellants in these appeals are the New India Assurance Co. Ltd. Along with the above claim applications, OP (MV) Nos. 538 and 539 of 1996 were also filed. The amount awarded under those claims was very small and no appeal has been filed against it. The facts of the case are as follows:

(2.) Petitioners in these claims seek compensation for injuries sustained to them in a motor accident. The accident occurred on 25.6.1994 at 12.00 hours at a place called Mambattapadi within Shoranur Police Station limit. A Jeep No. KL 10 5207 driven by the driver came from southern direction along the road at the place of accident and hit at the Autorickshaw bearing No. KL 10A 25566 driven by fourth respondent and that came from opposite direction. As a result of collision, the Autorickshaw ran out of control and knocked down the pedestrians before it capsized. Petitioners in OP (MV) Nos. 539 and 540 of 1996 were the passengers travelling in the Autorickshaw. All the petitioners sustained injuries of varying nature.

(3.) The accident occurred, according to the claimants, due to the rash and negligent driving of respondents 1 and 4, drivers of the Jeep and Autorickshaw. The claimants claimed compensation of varying amounts from the drivers of the Jeep and Autorickshaw, the owner and insurer respectively of both vehicles. The third respondent, the insurer of Jeep denied policy coverage to vehicle involved in the accident. It was contended that even though a policy was issued, it was later cancelled since the cheque issued by the second respondent - owner towards premium clearance was dishonoured. Thus, the Insurance Company denied its liability to indemnify stating that there was no valid policy in force insuring the Jeep involved in the accident. The owner and driver of the Autorickshaw contended that the accident occurred due to the negligence of the driver of the Jeep and not the Autorickshaw. It was further submitted that the Jeep was insured with the Oriental Insurance Company and the Oriental Insurance Company is liable to indemnify the claimants.