A.A. WILLIAMS Vs. SAFRIEN JOY

JUDGEMENT

(1.) The common award passed by the Motor Accidents Claims Tribunal in two claim petitions in respect of the same accident is under challenge in the appeals. The owner-cum-driver of the vehicle involved in the accident is the appellant.

(2.) The claimants sustained injuries on 15.1.2008 in an accident involving a light motor vehicle owned and driven by the appellant. The claim petitions were preferred alleging that the accident occurred on account of the negligence of the appellant. The appellant remained ex-parte. The insurer of the vehicle contested the claim petitions contending that they have issued only a policy satisfying the requirements of the Motor Vehicles Act for the vehicle; that the policy was issued treating the vehicle as a private car and that they are not liable to indemnify the appellant of the liability arising out of the accident, as the appellant has converted the vehicle as an ambulance. The Tribunal found that the policy issued by the insurer for the vehicle is a private car policy and not a policy to be issued for an ambulance. Nevertheless, it directed the insurer to pay the compensation determined as due to the claimants and permitted them to realise the same from the appellant. The appellant is aggrieved by the said decision of the Tribunal and hence these appeals.

(3.) Heard the learned counsel for the appellant as also the learned counsel for the insurer.