ABDUL KHADER Vs. ARUMUGAN

JUDGEMENT

(1.) This appeal is filed by the first respondent/ registered owner of the offending vehicle, in O.P(MV) No.561/2008 on the files of the Motor Accident Claims Tribunal, Irinjalakuda. The respondents 1 to 5 herein are the claimants, who are the legal representative of deceased Sujith and respondents 6 to 9 are respondents 2 to 5 in the above OP(MV).

(2.) According to the claimants, on 7/9/2006, while the victim Sujith was riding motorcycle bearing Reg.No.KL-8/AK 1426 through Tippu Sultan Road, when he reached at Bhajanamadam bus stop, another motorcycle bearing Reg.No.KL-8/AJ 4127 ridden by the second respondent, in a rash and negligent manner, coming from opposite direction hit the motorcycle of the victim and thereby he sustained serious injuries and succumbed to the injuries on the same day. The legal heirs approached the tribunal claiming compensation. For the sake of convenience, the parties are hereinafter referred to as per their status in the tribunal.

(3.) Before the tribunal, the first, third and additional fifth respondents filed written statements separately denying the allegation that the second respondent rode the motorcycle in rash and negligent manner with excessive speed. The third respondent insurer filed a written statement, admitting the policy. Before the tribunal, PW1 was examined and Exts.A1 to A9 were marked on the side of the claimants. Ext.B1 was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, found that the first respondent is the owner of the offending motorcycle, since the registration certificate was in the name of the first respondent and there was no change of ownership. It was also held that the third respondent was liable to pay compensation to the petitioners and on such payment, the third respondent was allowed to recover the amount from respondents 1 and 2, owner and driver. The tribunal awarded a total compensation of 3,70,810/- with interest @ 7.5% per Rs.annum. Aggrieved by the grant of right of recovery to the insurer to recover the amount from the owner, the first respondent has come up in appeal.