BINEESH Vs. PREETHAKUMARY AND OTHERS

JUDGEMENT

(1.) This appeal arose out of the award passed by the Motor Accidents Claims Tribunal, Kollam dated 28.01.2010 in O.P. (MV) No. 1164 of 2007, a claim petition filed by the appellant/claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident which occurred on 04.04.2007, while he was travelling in an ambulance van bearing Reg. No. KL-23/5083. At the place of accident, on account of the rash and negligent driving of the van by the second respondent driver, it hit against a K.S.R.T.C. bus coming from the opposite direction and the appellant/claimant was thrown out of the van and he sustained serious injuries. Alleging that the accident occurred due to the rash and negligent driving of the second respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 12,00,000/- under different heads. The first respondent is the owner of the ambulance van and the third and fourth respondents are the Managing Director and the Manager of the insurance company, respectively. The fifth respondent is the Managing Director of the K.S.R.T.C., the owner of the bus.

(2.) Before the Tribunal, Exts. A1 to A16 were marked on the side of the appellant/claimant and he was examined as PW-1. Ext. C1 is the disability certificate. The respondents have not chosen to adduce any oral or documentary evidence.

(3.) After considering the materials and evidence on record, the Tribunal arrived at a finding that the accident occurred due to the rash and negligent driving of the ambulance van by the second respondent driver. Since the said vehicle was covered by a valid insurance policy, the third and the forth respondents, namely, the Managing Director and the Manager of the insurance company was held liable to indemnify the first respondent owner. Under different heads, the Tribunal awarded a total compensation of Rs. 2,72,221/-, which was rounded to Rs. 2,72,300/- and the insurer was directed to deposit the said amount before the Tribunal with interest at the rate of 7.5% per annum from 14.09.2007 till realisation with proportionate cost. It was also made clear that if the said amount is not deposited within three months from the date of receipt of a copy of the award, the appellant/claimant will be entitled to get 9% interest from the date of award till realisation.