K.K. KURIAN Vs. K.N. SANTHA

JUDGEMENT

(1.) IN this appeal by the driver, the only question for consideration and consequent decision is as regards the liability of the insurance company, respondent No. 2.

(2.) THE appellant apprehending execution, even though being a driver, feels aggrieved by the impugned award dated 22.7.1989 of the Motor Accidents Claims Tribunal, Wynad, Kalpetta, in O.P. No. 2 of 1987 awarding a total amount of compensation of Rs. 74,600/ - distributed as per the details in the award.

(3.) SINCE in this appeal by the driver, as stated above, the only question is as regards the liability, the necessary pleadings of the respondents would require narration. The appellant (1st respondent) denied rashness or negligence. According to him, when the jeep reached Areappalli, the leaf set of the jeep was broken and the joint got disconnected, striking the jeep on the ground. Deceased Damodaran jumped out of the jeep as he was not sitting in the jeep holding firmly and sustained injuries on account of the jumping out of the jeep. The appellant disclosed the name of the owner of the jeep and contended that the petition was bad for non -joinder of parties. It was also revealed that the jeep was insured and the insurance company would be liable.