CHACKO Vs. MARIAKUTTY

JUDGEMENT

(1.) The second respondent in M. V. O. P. No. 152 of 1979 before the Motor Accidents Claims Tribunal, Ernakulam, has filed this appeal against the judgment of the Tribunal completely excluding the insurer from any liability for payment of compensation for the death of the husband of the first claimant and father of claimants 2 to 8.

(2.) The accident occurred on 21-5-1976 at about 4.00 p.m. on a road leading from a Panchayat road to a quarry near Amamhlam Thakidi, Meenad Village. The accident occurred at a time when a lorry owned by the second respondent, who is the appellant before us, and which was being driven by the first respondent before the Tribunal, was being reversed from the Panchayat Road to the road leading to the quarry. The driver remained ex parte before the Tribunal. The insurer and the insured, the appellant, alone contested the claim advanced by the legal representatives of the deceased claiming an amount of Rs. 1 lakh towards compensation.

(3.) The insurance company in its written objection had stated that the accident occurred at a private place and therefore the insurance policy did not cover any obligation to compensate the claimants. Six witnesses were examined en behalf of the claimants and Exts. A1 to A4 were marked.