ORIENTAL INSURANCE COMPANY LIMITED Vs. VINEETHA NAIR

JUDGEMENT

(1.) This appeal is filed by the Oriental Insurance Company Ltd. aggrieved by the award dated 10.5.2012 in O.P.(MV).No.783 of 2003 on the files of the Motor Accidents Claims Tribunal, Ernakulam. The appellant was the fifth respondent before the Tribunal.

(2.) The facts, relevant for consideration of this appeal, are as follows: -

(3.) When the appeal came up for hearing, Adv.Sri.Mathew Jacob, the learned senior counsel appearing for the appellant insurance company made the following submissions: - The driver, owner and insurer of the lorry as well as the owner and insurer of the Maruthi car were arrayed as respondents in the claim petition. It is also submitted that, from the opening paragraph of the impugned award, it can be seen that the case of the claimants was that the accident was the result of rash and negligent driving of the second respondent. But, without considering the said aspect, the award was passed. It is also the submission that as per paragraph 9 of the award, the Tribunal appears to have come to a conclusion that it is a case of composite negligence. Paragraph 9 of the award is as follows: -