ORIENTAL INSURANCE CO LTD Vs. P P NANDANAN

JUDGEMENT

(1.) Appellant is the 2nd respondent in O.P. No. 2917/2002 on the file of the Motor Accidents Claims Tribunal, Thrissur. At 7.30 p.m. on 26.6.2001 at Aramkallu along Thrissur-Palakkad National Highway, a motor cycle bearing Reg. No. KL/J 6378 ridden and owned by respondents 1 and 2 hit against one Majid, a pedestrian. Appellant was the insurer. As a result of the hit, Majid and the 1st respondent, fell down and sustained' injuries. At 9.30 p.m. on the same day, Majid succumbed to the injuries while undergoing treatment at the Medical College Hospital, Thrissur. Legal heirs of Majid filed a petition as O.P. No. 1885/2001 before the Tribunal seeking compensation against the respondents and the appellant with a plea that the accident occurred because of the rash and negligent riding of the motor bike by the 1st respondent and hence all the respondents are liable to compensate the petitioners. The 1st respondent filed O.P. No. 2917/2002 under Sections 140, 166 and 163A of the Motor Vehicles Act against the 2nd respondent and the appellant seeking a sum of Rs. 2,00,000/- as compensation with a plea that the 1st respondent "sustained injury while using the motor vehicle.

(2.) In O.P. No. 2917/2002, the 2nd respondent did not file any written statement. The appellant filed a written statement, inter alia contending that the accident occurred because of the negligence of the 1st respondent and that the 1st respondent was not covered by the policy which was marked as Ext. B5. Hence, the appellant is not liable to compensate the 1st respondent.

(3.) After raising the issues, both the petitions were tried jointly. Pending proceedings before the Tribunal, the 1st respondent filed an application to amend the petition to delete Sections 140 and 166 quoted in the petition to make claim petition one under Section 163A of the Motor Vehicles Act. It was allowed. The 1st petitioner in O.P. No. 1885/2001 was examined as PW1. Exts. A1 to A 20 and B1 to B6 were marked.