NEW INDIA ASSURANCE COM.LTD Vs. SHYMI

JUDGEMENT

(1.) This appeal is submitted by the appellant 3rd respondent - Insurance Company, challenging the award dtd. 29/8/2018 passed by the Motor Accident Claims Tribunal, Kollam, in OP(MV) No.2000/2015. The aforesaid claim petition was submitted by the respondents herein seeking compensation for the death of one Shameer, in a motor accident that occurred on 14/10/2015. The deceased was the husband of the 1st respondent, the father of the 2nd respondent and the son of respondents 3 and 4.

(2.) The accident occurred when the motorcycle ridden by the deceased was hit by a KSRTC Bus bearing registration No.KL-15 S 9446 driven by the 2nd respondent in the claim petition. The said vehicle was insured with the appellant herein. According to the claimants, the deceased was working as a Scaffold worker under one Musthafa with a monthly income of '18,000/-. The total amount of compensation claimed was '20 lakhs.

(3.) The owner and driver of the vehicle filed a written statement disputing the negligence on the part of the 2nd respondent in the claim petition. The quantum of compensation was also disputed. It was also contended that the vehicle was covered with a valid insurance policy at the relevant time, issued by the appellant herein and therefore, if at all there is any liability, that has to be indemnified by the appellant herein. The appellant filed a written statement admitting the coverage of policy in respect of the vehicle but disputed the liability on various grounds. The quantum of compensation was also disputed. The negligence on the part of the 2nd respondent in the claim petition was also disputed.