THE ORIENTAL INSURANCE CO.LTD. Vs. SHAMUGHAN

JUDGEMENT

(1.) The third respondent in OP(MV)No.1741/1991 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda is the appellant herein. The claim petition was filed by the first respondent herein claiming compensation for the injury sustained to him in the motor vehicle accident occurred on 17.12.1993. It is alleged in the petition that he was aged 43 years and a loading and unloading worker, engaged in loading of timber logs in the lorry bearing registration No.KLH 9885 owned by the second respondent, driven by the first respondent and insured with the third respondent. While he was so engaged in loading the timber in the vehicle, the first respondent took the vehicle forward in a negligent manner without giving any signal, due to that the wooden logs in the vehicle slipped and fell on the claimant and he sustained injuries. According to him, the accident occurred due to the negligence of the first respondent. He was getting a monthly income of Rs.3,000/ - per month and he suffered severe injuries and claimed a total compensation of Rs.1,82,000/ -, but limited the claim to Rs.1,50,000/ -.

(2.) Respondents 1 and 2 filed written statement admitting that they are the driver and owner of the vehicle and also admitted the accident, but they denied negligence on the part of the first respondent. They also contended that the age, income and the period of treatment mentioned are not correct and the total compensation claimed is exorbitant. vehicle was insured with the third respondent. According to them, the accident occurred due to the negligent driving of the petitioner and the compensation if any awarded has to be paid by the third respondent.

(3.) The third respondent filed a written statement admitting the insurance of the vehicle. But they have contended that there was no accident took place as alleged. The criminal case was registered only after five months of the accident and the first respondent was not having valid driving licence and there was violation of the policy condition and as such according to them, the vehicle did not involve in the accident and they prayed for dismissal of the application.