ORIENTAL INSURANCE CO.LTD. Vs. C.HAMZA

JUDGEMENT

(1.) The 2nd respondent in OP(MV).1870/2006 on the file of the Motor Accidents Claims Tribunal, Thalassery is the appellant. ( For the purpose of convenience the parties are hereafter referred to as per their rank before the Tribunal).

(2.) The petitioners are the parents of a 13 year old boy, who died in a motor vehicle accident that occurred on 19/4/2000. According to the petitioners, on 19/4/2000 at about 1.30 p.m while the boy was travelling along with the 1st respondent, in a tempo van bearing registration No.KL13D/5954 owned and driven by the 1st respondent in a rash and negligent manner, the vehicle met with an accident, the child sustained serious injuries and he succumbed to the injuries on the same day. The 2nd respondent is the insurer of the tempo van.

(3.) The evidence consists of the oral testimony of PW1 and Exts.A1, A2 and Ext.B1. After evaluating the evidence on record, the Tribunal found that the accident occurred due to the negligence of the 1st respondent and also found that the boy was engaged by the 1st respondent for supplying water to hotels and houses at Thaliparamba and awarded a compensation of Rs.2,44,500.00 and directed the insurer to pay the same.