MANOJKUMAR Vs. SUBRAMANIAN

JUDGEMENT

(1.) Whether a cross-objection will lie at the instance of the insured, so as to negate the right of recovery conferred over the insurer in re-spect of the liability, in an appeal preferred by the claimant for enhancement, is the primary question to be considered in these proceedings.

(2.) The appeal arises from the accident occurred on 18.5.2000, when two motor cycles collided with each other causing injuries to the riders of the motor cycles, which led to the claim petitions preferred against the parties of the other vehicle, attributing negligence on the rider of the said vehicle. The respondent No. 1 who was stated as owner of the vehicle bearing No. KL 01-A 3936 filed written statement contending that he was not the actual owner of the vehicle; that the ownership of vehi-cle was transferred to the respondent No. 2 as on the date of the accident, that the vehicle was got released from the police by none other than respondent No. 2, simul-taneously pointing out that the accident was only because of the negligence on the part of the rider of the other motor cycle, i.e., the claimant himself. The respondent No. 2 filed written statement disputing the negligence attributed on him stating that the motor cycle bearing No. KL 01-A 3936 was actually ridden by the respondent No. 1 and that the accident was only because of the negligence on the part of the claim-ant who was riding the other motor cycle and further that the compensation claimed was very much on the higher side.

(3.) Respondent No. 3 who is the insurer of the vehicle bearing No. KL 01-A 3936 contested the claim on many grounds, including negligence; simultaneously con-tending that the respondent No. 2 had no driving licence and that there was clear violation of the statutory/policy condition.