FAISAL M. Vs. ABDUL HAMEED K.A.

JUDGEMENT

(1.) The petitioner, who is arrayed as the 2nd respondent in O.P.(MV) No. 49 of 2016 on the file of the Motor Accident Claims Tribunal, Kasaragod, which is a claim petition filed by the 1st respondent herein under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 23.8.2015, while travelling in a bus bearing registration No. KL-60/G-909 owned by the petitioner, driven by the 2nd respondent and insured with the 3rd respondent. The 1st respondent claimed a total compensation of Rs. 3,37,000/- under different heads and for the purpose of payment of Court fee, the total claim was limited to Rs. 5 lakhs.

(2.) Before the Tribunal, the petitioner and also the 2nd respondent remained ex-parte. The 3rd respondent Insurer alone contested the matter. The Tribunal by Ext.P2 award dated 19.12.2017, awarded a total compensation of Rs. 97,700/- to the claimant together with interest at the rate of 9% per annum from the date of petition till realisation. On a finding that, at the time of accident, the bus was not covered by the valid permit, the 3rd respondent Insurer was given recovery right to proceed against the petitioner for realisation of the amount of compensation together with interest and cost paid to the 1st respondent claimant.

(3.) Relying on Ext.P3 judgment of the Tribunal in O.P.(MV) Nos. 104, 105 and 106 of 2016, arising out of the very same accident, the petitioner would contend that at the time of accident, the bus was covered by a valid permit and based on such finding, the Tribunal held that the 3rd respondent Insurer is liable to compensate the respective claimants.