UNITED INDIA INSURANCE CO LTD Vs. APPUKUTTAN

JUDGEMENT

(1.) This appeal is by an insurance company in challenge of a direction contained in the award of a Motor Accidents Claims Tribunal (Claims Tribunal for short) that the compensation amount granted should be paid by the insurance company.

(2.) The claim was made in respect of a motor accident which happened on 2-6-1993. Claimant was the pillion rider on a scooter (KRD 4171) which collided with another vehicle. He fell down and sustained some injuries. He claimed compensation from the rider of the scooter as well as from his insurer.

(3.) Two points were raised by the appellant. One was that the first respondent had no licence to ride the scooter and the other was that the pillion rider was not a third party and hence his risk was not covered by the insurance policy. The first contention does not appear to have been pursued before the Claims Tribunal and the second point was found against the appellant. Accordingly, the Claims Tribunal passed the award in a sum of Rs. 26,140/- together with interest at the rate of 12% per annum from the date of claim and directed the appellant company to pay the amount to the claimant.