ORIENTAL INSURANCE CO. LTD. Vs. JEEJA MOHAN

JUDGEMENT

(1.) This appeal has been filed by the third respondent insurer in OP(MV) No.2098 of 2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam, seeking a direction to recover the compensation amount from the insured/owner of the offending vehicle. The respondents 1 and 2 herein, who were the owner and driver of the offending vehicle respectively, were respondents 1 and 2 before the tribunal.

(2.) The claim petition was filed by the legal heirs of one Mr.Antony @ Kuttan, who lost his life in an accident that occurred on 29/4/2006. The case of the claimants before the tribunal was that on 29/4/2006, while the deceased was travelling in a goods vehicle bearing Reg.No.KL-07-/BA 727 along with his goods through Chellanam - Pandikudy road, driven by the second respondent in a reckless manner, the vehicle overturned, as a result of which the deceased sustained fatal injuries and succumbed to the injuries. The claimants approached the tribunal claiming a total compensation of Rs.7,00,000.00. Respondents 1 and 2 remained ex parte before the tribunal. The insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A11 were marked on the side of the claimants and Ext.B1 on the side of the insurer. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.7,05,310.00 as compensation under different heads against the insurer. The insurer has come up in appeal, seeking a right of recovery of the compensation amount against the first respondent, who was the insured and owner of the offending vehicle.

(3.) Heard the learned Standing Counsel for the appellant insurer and the learned counsel for the respondents.