ANZAR Vs. PRESIDENT, SWANTHAM CHARITABLE SOCIETY

JUDGEMENT

(1.) The appellant was the petitioner in O.P (MV) No. 612 of 2008 on the file of the Motor Accident Claims Tribunal, Kollam.

(2.) According to the appellant, he was travelling in an ambulance with registration No. KL-2/Z 3250 and when the ambulance reached at Ichoda in Andhra Pradesh at about 10 a.m., on 18/4/2007, it caused to hit on an autorickshaw due to the rash and negligent driving of the second respondent, who was the driver of the ambulance. At the time of the accident, the appellant was returning to Kerala after accompanying a dead body from Kerala to Hyderabad. The 1st respondent is the owner of the vehicle and 3rd respondent is the insurer. In the accident, the petitioner sustained serious injuries, including fracture. The 1st and 2nd respondents were set ex parte.

(3.) The 3rd respondent insurance company contended that the petitioner was a gratuitous passenger not covered by the policy.