HDFC EGRO GENERAL INSURANCE Vs. ZEENATH

JUDGEMENT

(1.) Additional 4th respondent (the insurer) in OP(MV) No.312/2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda is the appellant. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) The above OP was filed by the wife, minor children and mother of deceased Mohameed Aneefa, who died in a motor vehicle accident that occurred on 23/3/2010. According to the petitioners, on 23/3/2010 at about 1.10. p.m., while the deceased was riding a motor cycle, a car bearing registration No.KL-45-B-70 driven by the 1st respondent stopped carelessly and a passenger sitting on the rear side of the car negligently opened the back door, and the door hit against the motor cycle of the deceased. As a result of which, the deceased fell down, sustained serious injuries and succumbed to the injuries on the same day. The 2nd respondent is the RC owner, 3rd respondent is the passenger who opened the door of the car, 1st respondent is the defacto owner and additional 4th respondent is the insurer of the offending car.

(3.) Before the Tribunal, the respondents 1 and 2 remained exparte. The 3rd respondent filed a written statement denying negligence on his part. The 4th respondent/insurer filed written statement contending that there was no valid insurance policy to the car at the time of the accident. The 4th respondent also denied negligence on the part of respondents 1 and 2. The Tribunal however, found negligence on the part of the 3rd respondent and also found that there was valid insurance coverage for the car at the time of the accident, awarded a compensation of Rs.42,34,589.00 and directed the insurer to pay the same. Being aggrieved by the above Award, the additional 4th respondent preferred this appeal.