(1.) Appellant is the third respondent in O.P. (M.V.) Nos. 983 of 1995 and 984 of 1995, on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. The applicants in the original petitions were travelling on a motor bike, bearing Registration No. KET 9634 on 9th April, 1994, when the accident occurred. The Ambassador car, bearing Registration No. KEE 2102, driven allegedly in a rash and negligent manner, by the second respondent before the Court below, hit on the motor bike. The rider and pillion rider of the motor bike sustained injuries and they claimed compensation of Rs. 60,000.00 and Rs. 1,20,000/ - respectively.
(2.) The appellant contended that it has no liability as there was no policy coverage on the date of accident, namely, 9th April, 1994. It was contended that Ext. B1 policy is effective from 11th April,1994 to 10th april, 1995. Ext. B2 is the Cover Note issued on 9th April, 1994 stating that the effective date and time of commencement of insurance for the purpose of the Act would be 11th April, 1994.
(3.) The Tribunal found that the accident occurred due to the rash and negligent driving of the car by the second respondent in the Original Petitions (third respondent in these appeals). The Tribunal also found that the applicants before it are entitled to compensation. A common award was passed and the Tribunal held that the petitioner in O.P. (M.V.) No. 983 of 1995 is entitled to realise a sum of Rs. 12,650.00 as compensation from the appellant herein. Similarly, it was held that the petitioner in O.P. (M.V.) No. 984 of 1995 is entitled to recover an amount of Rs. 22,750.00and that the third respondent in the original petitions is liable to pay the amount.