RAJNI Vs. P. NARAYANAN

JUDGEMENT

(1.) MFA 447 of 1985 is filed by the claimant involved in an accident involving lorry KLZ3229. The driver and owner of the lorry are the appellants in MFA 560 of 1985. Parties will be referred to in this Judgment by their rank before the Tribunal.

(2.) THE claimant, a girl aged 11 years, studying in the fourth standard was struck down by the lorry when she was walking along the northern side of the road on 1.10.1982 at4 p.m. Her right arm was crushed and she was treated as an in-patient for 20 days in the District Hospital, Trichur and thereafter as an out-patient, Ext. Al out-patient ticket shows that she was so treated for about two months after her discharge from the hospital. Her right arm had to be amputated and she lost one year in school. Her father, P.W.1, representing her filed a claim petition seeking compensation of Rs. 84, 350/- from the driver, the ostensible owner and the insurer respectively shown as respondents 1 to 3 before the Tribunal. On a contention raised by the second respondent that at the time of the accident fourth respondent was the owner and the second respondent purchased the lorry from the fourth respondent long after the accident, the latter was impleaded. Various defences were raised by the respondents before the Tribunal. The Tribunal held that the accident was the result of rash and negligent driving of the lorry by its driver, that the vehicle was not covered by insurance policy during the relevant period, quantified the compensation at Rs. 38, 000/- and passed an award against the driver (first respondent before the Tribunal) and the owner (fourth respondent before the Tribunal). The award is now challenged.

(3.) THERE is no dispute that at the time of the accident the lorry belonged to the fourth respondent before the Tribunal. On 31-12-1983 fourth respondent sold the lorry to the second respondent. In the counter filed by the Insurance Company, it was stated that the vehicle KLZ 3279 is covered by policy No. 4233300419 issued on 30.4.1983 for a period from 30.4.1983 to 29.4.1984 and that the vehicle involved in the accident KLZ 3229 was not covered by any policy. This plea was raised on the basis of the number of the policy given in the claim petition. In view of the contention raised by the insurer, the number of the policy given in the claim petition was amended as 4236220283. The insurer filed an additional counter alleging that the policy did not relate to the vehicle involved in the accident.