ORIENTAL INSURANCE CO LTD Vs. NALINI C V

JUDGEMENT

(1.) These appeals are preferred against the award in O.P(MV) Nos.1445/2002 and 1500/2002 of the Motor Accidents Claims Tribunal, Thalassery by the insurer of the vehicle KL 13/E 575. In OP(MV) No.1445/2002, the learned Tribunal awarded Rs. 1,96,500/- with 7.5% interest and cost and directed the insurer to pay 50% of the award amount Rs. 98,250/- since there was contributory negligence from the side of the rider and in OP(MV) No.1500/2002, the learned Tribunal awarded Rs. 42,600/- with 7.5% interest and cost and directed the insurer to pay 50% of the award amount, that is Rs. 21,300/- and directed the appellant who is the insurer of the autorickshaw to satisfy the award. Being aggrieved by that, the insurer preferred M.A.C.A No.996/2011 against OP(MV) No.1445/2002 and M.A.C.A No.1056/2011 against OP(MV) No.1500/2002.

(2.) The claimant's case in the lower court was that on 28.07.2002 at 8.45 pm, the deceased Vineeth was riding a motor cycle KL 13/G 1196 and when he reached at the place of occurrence, another vehicle KL-13-E-575 driven in a rash and negligent manner hit against the motor cycle, as a result the rider of the motor cycle died in the accident and the pillion rider sustained serious injuries. The dependents of the deceased preferred OP(MV) No.1445/2002 and the pillion rider preferred OP(MV) No.1500/200 In the lower court, the accident was disputed by the insurer of the autorickshaw. Claimants examined PW1 to PW3 and their documents were marked Exts. A1 to A15. Respondents examined DW1 and marked Exts. B1 to B6 as their documentary evidence.

(3.) The learned counsel appearing for the first respondent contended that the pillion rider filed a private complaint against the autorickshaw driver before the Judicial First Class Magistrate Court -II, Kannur, in which the accused was acquitted. The scene mahazar prepared by the Valapattanam Police shows that there was serious damages to the autorickshaw and that itself is an evidence to prove the negligence of the rider of the autorickshaw.