PRATHAPAN KURUTHODATH VEEDU Vs. ROSILY VATTAPARAMBAN HOUSE

JUDGEMENT

(1.) The above appeals arose from the common award passed in O.P.(MV)No.959/1999 and O.P. (MV)No.1742/1999 on the files of the Motor Accidents Claims Tribunal, Perumbavoor. The said appeals are filed by the driver and the owner respectively of the vehicle, challenging the award passed in O.P.(MV)No.959/1999 and O.P.(MV)No.1742/1999, respectively.

(2.) These appeals are filed mainly on the ground that the right of recovery granted to the insurance company in both the original petitions is on a finding that there is a clear violation of the policy conditions by respondents 1 and 2 and thereby the 3 rd respondent insurance company is not liable to indemnify them.

(3.) The case of the petitioners, in brief, is as follows: The parties are referred to as in the O.P.(MV). On 9.2.1999, while the petitioner in O.P.(MV)No.1742/1999 and the deceased Poulose were travelling in a jeep bearing Reg.No.KL- 43/9748, which was driven by the 1 st respondent in a rash and negligent manner from the south- north direction through Aluva-Angamaly National Highway, when it reached Palayam kara, it hit on the back side of a parked lorry bearing Reg.No.OS-17-P-3573 and as a result of that the petitioner in O.P.(MV)No.1742/1999 and the deceased Poulose succumbed to death on the same day at 1.20 a.m. The accident has occurred solely due to the rash and negligent driving of the jeep by the 1st respondent. The 2nd respondent was the owner and the 3 rd respondent was the insurer of the jeep. Therefore, all the respondents are jointly and severally liable to compensate the petitioner and the legal representatives of the deceased Poulose.