V T JOSEPH Vs. CHACKO K M

JUDGEMENT

(1.) These appeals are preferred against the award in O.P(MV) No.1206/2009 of the Motor Accidents Claims Tribunal, Pala. M.A.C.A No.1295/2013 was preferred by the injured and M.A.C.A No.827/2015 was preferred by the owner of the vehicle.

(2.) The claimant's case in the lower court was that on 101.2008 at 7.30 pm, the injured was riding a motor cycle and reached in front of Maruti Service Center, an autorickshaw KL-5/W-9887 driven in a rash and negligent manner hit against the motor cycle. As a result, he sustained serious injuries. Immediately, he was removed to hospital. The driver and owner did not contest the matter. The insurer admitted the insurance of the autorickshaw. The claimant was examined as PW1 and his documents were marked as Exts.A1 to A23. Respondents evidence consist of documentary evidence of Exts.B1 and B The learned Tribunal awarded Rs. 5,14,644/-. Being aggrieved by that, the injured preferred M.A.C.A No.1295/2013.

(3.) The learned counsel for the appellant in M.A.C.A No.827/2015 contended that the driver was holding valid driving licence on the date of the accident. There is no violation of policy condition and the insurer has to indemnify the owner.