K.R. SHAJI Vs. K. KRISHNAN

JUDGEMENT

(1.) The claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.

(2.) The claim petition was filed alleging that the claimant sustained injuries in the accident took place on 23.4.2006 involving an autorickshaw owned and driven by the first respondent. The second respondent was arrayed in the claim petition as the insurer of the vehicle. The second respondent contended that though the vehicle was covered by a valid insurance policy issued by them, the insured under the policy is not the first respondent. According to them, the insured under the policy is one K.A.Mathai. In other words, the contention of the second respondent is that the said K.A.Mathai was the owner of the vehicle at the time of accident. The Tribunal took the view that despite the aforesaid contention of the second respondent, the claimant had not taken any steps to implead the insured under the policy and consequently dismissed the claim petition. The claimant is aggrieved by the said decision of the Tribunal.

(3.) Heard the learned counsel for the appellant as also the learned counsel for the second respondent.