LAWS(KER)-2024-11-117

HARIHARAN Vs. PAILOTH

Decided On November 07, 2024
HARIHARAN Appellant
V/S
Pailoth Respondents

JUDGEMENT

(1.) Appellants are the petitioners in OP(MV) No.592 of 2015 on the file of the Motor Accident Claims Tribunal, Ottappalam and they are challenging the quantum of compensation awarded by the Tribunal under various heads and also the exoneration of the insurance company from liability as per the impugned award.

(2.) The appellants are the legal heirs of the deceased Nithin, who was travelling as a spare driver in lorry bearing registration No.KL 08 E 9664 driven by the first respondent, owned by the second respondent and insured with the third respondent. According to the petitioners, because of the rash and negligent driving of the first respondent, the lorry hit against another lorry bearing registration No.GJ 01 BY 6005 when it reached Shahapura in Karnataka at about 5.00 p.m., on 22/1/2014. The deceased, who sustained fatal injuries succumbed to the injuries on 4/12/2014.

(3.) The third respondent/insurance company contended in the original written statement that the deceased was travelling as a spare driver in the goods vehicle and the policy issued will cover the liability of only one driver and therefore, the third respondent is not liable to pay any compensation to the petitioners. In the additional written statement, the third respondent contended that the deceased was travelling in the goods vehicle as a gratuitous passenger and the policy will not cover a gratuitous passenger as no additional premium was collected to cover the liability of a gratuitous passenger.