MATHEW Vs. SHAJI MATHEW

JUDGEMENT

(1.) THESE two appeals are connected and they are disposed of by this common judgment. M. A. C. A. 1242 of 2008 is filed by the 1st respondent in O. P. (MV) No. 1316/2004 which is a petition filed under S. 166 of the Motor Vehicles Act by the appellant in M. A. C. A no. 1905/2008. The vehicle driven by the appellant in MACA No. 1242/2008 was involved in an accident resulting in injuries being caused to his wife namely, the appellant in MACA no. 1905/2008. The Tribunal has awarded a total compensation of Rs. 86,550/- with interest at 8. 5 percent from the date of application till satisfaction. We shall refer to the appellant in MACA No. 1242/2008 as the owner of the vehicle and the appellant in MACA no. 1905/2008 as the claimant.

(2.) THE Tribunal has exonerated the 2nd respondent insurance company from liability. The owner has filed the appeal challenging the exoneration of the insurance company. The claimant has preferred the appeal seeking enhancement of the compensation awarded.

(3.) WE heard learned counsel appearing for the owner, the claimant and the insurance company. We will take up the appeal filed by the owner. The question posed for our consideration and decision is whether the Tribunal was justified in exonerating the insurance company from liability to reimburse the amount payable by the owner. This is a case of a private car package. We will straight away extract the relevant terms of the policy. The relevant clauses under S. II read as follows: