PRINCE KURIAN Vs. VINCENT. N.Y. AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Muvattupuzha dated 03.10.2008 in O.P.(MV) No. 962 of 2005, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by the appellant/claimant in a motor accident which occurred on 25.05.2005 while he was travelling in a motor cycle bearing Reg. No. KL-17-1434 owned and ridden by respondents 1 and 2 and respectively and insured with the third respondent. At the place of accident, due to the rash and negligent riding of the motor cycle by the second respondent rider, it hit on the pillar of a bridge and the appellant/claimant sustained serious injuries. Claiming a total compensation of Rs. 4,00,000/- under different heads, claim petition was filed before the Tribunal.

(2.) Before the Tribunal, Exts. A1 to A9 were marked on the side of the appellant/claimant. A copy of the insurance policy was marked as Ext. B1 on the side of the respondents. Both sides have not chosen to adduce any oral evidence.

(3.) After considering the materials on record, the Tribunal arrived at a finding that the accident occurred due to the rash and negligent riding of motor cycle by the second respondent rider. However, on a finding that Ext. B1 insurance policy will not cover the risk of a pillion rider, the third respondent insurer was exonerated from the liability, and the first respondent owner and second respondent rider were held liable to pay the amount of compensation to the appellant/claimant. Under different heads, the Tribunal awarded a total compensation of Rs. 95,550/- and directed the first and second respondents to deposit the said amount before the Tribunal together with interest at the rate of 10% per annum from the date of petition till realisation.