SHAREENA Vs. MANAGING DIRECTOR, ANUGRAHA HOSPITALS PVT. LTD.

JUDGEMENT

(1.) Both these appeals are filed challenging the award in O.P. (MV)No. 2793/2003 on the file of the Motor Accidents Claims Tribunal, Thrissur. M.A.C.A. No. 1435/2014 is filed by the first respondent in the claim petition, whereas M.A.C.A. No. 2301/2012 is filed by the claimants therein. The common grievance of the appellants is that the Tribunal has exonerated the insurance company from the liability of payment of compensation.

(2.) The facts relevant for consideration of these appeals are as follows:

(3.) When these appeals came up for admission, the learned counsel appearing for both the appellants submitted before us that the vehicle involved is an ambulance and there is no dispute regarding the said fact. It is also brought to our notice that the insurance company got marked the certificate of registration of the vehicle as Ext.B2 as well as the copy of the policy as Ext.B1 before the Tribunal. The submission of the learned counsel is that those facts are in dispute. It is also submitted before us that the accident occurred due to the negligence of the driver of the ambulance is also under dispute. No other vehicle is involved. It is a case where the accident occurred due to the vehicle overturning after hitting against a wall. As such, the principle of res ipsa loquitur will be applicable.