NATIONAL INSURANCE COMPANY LTD Vs. MARY

JUDGEMENT

(1.) THIS appeal is filed by the third respondent/Insurance Company in O.P.(MV) No.1294 of 2003 on the file of the Motor Accidents Claims Tribunal, Thrissur.

(2.) THE case of the petitioners in the O.P.(MV) is as follows : On 30.12.2001 while deceased Joy along with others were travelling in a mini bus bearing Registration No.KL-01-C- 6768 through Paliyekkara - Mannuthy National Highway and when it reached at Mannuthy bypass Junction, the 2nd respondent, who was the driver of the mini bus had lost his control over the vehicle and hit behind a stationary tempo van, as a result of which, deceased Joy sustained injuries and he succumbed to the injuries. The other passengers also sustained severe injuries. According to the petitioners, the incident happened because of the negligence of the 2nd respondent, who was the driver of the mini bus. At the time of accident, 1st respondent was the owner of the mini bus and it was insured with the third respondent.

(3.) THE Tribunal jointly tried O.P.(MV) No.1294 of 2003 along with other connected Original Petitions (MV) and evidence was taken in O.P.(MV) No.1294 of 2003. Exts.A1 to A16 were marked on the side of the petitioners. No evidence was adduced from the side of the third respondent. The Tribunal, on considering the evidence on record, found that the accident was due to the negligence of the second respondent and awarded a compensation of Rs.1,93,000.00 to the petitioners in O.P.(MV) No.1294 of 2003 together with interest at the rate of 7% per annum from the date of filing of the Original Petition till the date of realization and the third respondent was directed to deposit the amount as the insurer. Against that award, the third respondent/Insurance Company filed this appeal.