NATIONAL INSURANCE COMPANY LIMITED Vs. MAYANKUTTY

JUDGEMENT

(1.) The third respondent in O.P.(MV)No. 955 of 2005 on the file of the Motor Accidents Claims Tribunal, Thalassery impugns award dtd. 12/6/2013 whereby, the Tribunal negatived the contention raised by the insurance company on the assertion that the company has no liability to indemnify the insured, since the injured in this case is a gratuitous passenger in a goods vehicle where, the seating capacity is one. Respondents herein are the original petitioner as well as respondents 1 and 2 before the Tribunal.

(2.) Heard Adv. Sri. P. Jacob Mathew, the learned senior counsel for the appellant, Adv. Adv. Smt. Mini, the learned counsel appearing for R1, and Adv. Sri. Cibi Thomas, the learned counsel appearing for R3.

(3.) In this matter, one Mayankutty, who alleged to have sustained injuries in consequence of a motor accident occurred on 15/4/2005 at about 9.30 a.m., while he was travelling in a goods autorickshaw bearing Registration No. KL-13/J-2203 from North Kolari to Mattannur, lodged claim petition under Sec. 166 of the Motor Vehicles Act alleging negligence against the first respondent therein, the driver of autorickshaw.