VISWANATHAN PILLAI Vs. RAVIKUTTAN PILLAI P

JUDGEMENT

(1.) APPELLANT No.1 is stated to be the registered owner of a car bearing registration No.KL 2A 5563 which was allegedly involved in a road traffic accident that occurred during 1994, when it dashed against a two wheeler. Respondent No.1 herein who allegedly sustained certain injuries while he was travelling as a pillion on the two wheeler referred to above bearing registration No. KLB 9035 sought compensation from the appellants and respondent No.4 Insurance Company. The case of the claimant was that the vehicle belonging to appellant No.1 and driven by appellant No.2 had caused the accident.

(2.) THE appellants, admittedly, did not contest the case before the Tribunal, since, according to them, they obtained a legal advice that they would be exonerated from any liability as their vehicle was not involved in the accident. Moreover, since the vehicle was insured with M/s. National Insurance Company, the insurer would nevertheless indemnify them even assuming it was ultimately held that the vehicle was involved in such an accident.

(3.) SRI.Joe Kalliath, learned counsel for the Insurance Company, has submitted that on verification of the records it has been found that the Kayamkulam Branch of the Company had in fact issued Annexure II policy in respect of the car and at the time of the accident the vehicle was validly covered under the said policy. It is however contended by the learned counsel that any accident involving the said car during 1994 was never reported to the Company.