NATIONAL INSURANCE CO.LTD Vs. ALBIN ANTONY

JUDGEMENT

(1.) THE respondent is served, there is no response.

(2.) THIS appeal arises from the award dated 21.07.2011 in O.P(M.V).No.851 of 2004 of the Motor Accident Claims Tribunal, North Paravur (for short, "the Tribunal") allowing the respondent to recover '.15,050/- as compensation with interest @7.5% per annum from the date of application till realisation and proportionate cost of '.1,500/- from the appellant and other respondents before the Tribunal and directing the appellant to deposit the amount and recover the same from the insured.

(3.) THE learned Tribunal in paragraph 9 of the award discussed the cause of accident and came to the conclusion that riders of the motor cycles are equally guilty and apportioned negligence at 50% each. On the issue regarding compensation payable, the Tribunal concluded that the respondent is entitled to get a total sum of '.15,050/-. The learned Tribunal also upheld plea of the appellant that the rider of the insured motor cycle was not having a driving license. Hence the Tribunal allowed the respondent to recover the entire sum of '.15,050/- with interest from the appellant and the appellant was in turn was allowed to recover the amount from its insured.