SAJEEV MATHEW Vs. GOVINDAN NAIR

JUDGEMENT

(1.) The above appeals are filed by the 2nd respondent in O.P.(MV) Nos. 714 and 716 of 2014 on the file of the Motor Accident Claims Tribunal, Pala challenging the direction in the common award of the Tribunal permitting the 3rd respondent insurance company to recover the award amount from the owner of the vehicle after payment to the claim petitioners, on the ground of violation of policy conditions.

(2.) The appellant is the owner of the offending vehicle and the contention of the respondent insurance company is that there is violation of permit conditions. It is contended that in violation of Exhibit B8 order prohibiting the plying of tipper lorries through State Highways between 8 a.m. and 10 a.m. and 3 p.m. to 5 p.m., the offending vehicle was driven through Pala-Ramapuram road at 4.05 p.m. on 15/1/2014.

(3.) Respondent insurance company also contended that there is violation of Rule 118 of the Central Motor Vehicles Rules, 1989, as it was found that the speed governor in the offending vehicle was not pre-set to the prescribed speed limit.