ORIENTAL INSURANCE CO. LTD. Vs. CHANDRALEKHA

JUDGEMENT

(1.) The Respondent No.3 in O.P.(M.V.) No.228/2000 on the file of the Motor Accident Claims Tribunal, Kollam. is the appellant herein. The petitioner in the O.P is the Cross Objector.(For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) The petitioner filed the above O.P. under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 25/10/1999. According to the petitioner, on 25/10/1999 at about 8.30 p.m., she was travelling in an autorickshaw bearing registration No.Kl-2E-5563 from north to south through Chakkuvally-Bharanikkavu public road, driven by the 1st respondent in a rash and negligent manner and when they reached a little south of Mayyathumkara Mosque, the said autorickshaw hit on another autorickshaw bearing registration No.KL2-2410, which came from south to north and as a result of the accident, the petitioner sustained serious injuries.

(3.) The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer of the autorickshaw KL-2E-5563. Respondents 5 and 6 are the driver and owner respectively, of the autorickshaw KL-2-2410. According to the petitioner, the accident occurred due to the negligence of both the drivers of the autorickshaws. The quantum of compensation claimed in the O.P. is Rs.1,00,000.00.