ORIENTAL INSURANCE CO. LTD Vs. ABDUL KHADER

JUDGEMENT

(1.) Both the claimant and 3rd respondent/Insurance Company are in appeal from the award dtd. 22/11/2012 of Motor Accident Claims Tribunal, Ernakulam in O.P.(M.V) No.1531/2007.

(2.) The appeal first above referred is preferred by the Insurer and the second, by the claimant/injured. The accident took place on 27/4/2007, when the Scooter driven by the claimant was rammed by a bus, driven by the 2nd respondent, owned by the 1st respondent and insured by the 3rd respondent. The claimants suffered substantial injuries. Before the Tribunal, Exts.A1 to A12 were marked on behalf of the claimant, besides examining PW1. Certificate from the Medical Board, Ext.C1, was also marked. No evidence, oral or documentary, whatsoever, was adduced by the respondents. The Tribunal found that the accident occurred on account of the negligent driving of the 2nd respondent and granted a total compensation of Rs.5,54,548.00, together with interest at the rate of 8% per annum, from the date of petition till realisation. The 3rd respondent/Insurance Company was directed to effect payment on behalf of the 1st respondent/owner.

(3.) Heard Sri.V.P.K.Panicker, the learned counsel for the appellant/insurer in M.A.C.A. 688/2013 and Smt.P.S.Geetha Kumari, the learned counsel for the appellant in M.A.C.A. No.216/2015. Perused the records.