KUNDATHIL BABU Vs. K. SHAMSIYA

JUDGEMENT

(1.) The petitioners were the respondents 1 and 2 in OP(MV) No. 1571/2006 on the file of the Motor Accidents Claims Tribunal, Thalassery. The respondents in the appeal were the petitioners and the 3rd respondent before the Tribunal. The parties are, for the sake of convenience, referred to as per the status before the Tribunal.

(2.) The petitioner had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injury sustained to her in an accident on 24/8/2006. It was her case that, on the above said date, while she was traveling in an autorikshaw bearing registration No. KL 13 J 1222, driven by the 1st respondent in a rash and negligent manner, the autorikshaw capsized. The autorikshaw was owned by the 2nd respondent and was insured with the 3rd respondent. Hence, the petitioner claimed compensation of Rs.1,50,000.00 from the respondents.

(3.) The respondents 1 and 2 had filed a joint written statement contending that the autorikshaw was insured with the 3rd respondent.