NATIONAL INSURANCE CO LTD Vs. ANNAMMA

JUDGEMENT

(1.) The 2nd respondent in O.P.(M.V.) No. 55 of 1987 on the file of the Motor Accidents Claims Tribunal, Quilon, is the appellant.

(2.) The above petition for compensation was filed by the wife, two minor children and the mother of deceased Babukutty, who died in a motor cycle accident that took place on 10-8-1986 around mid-night at Punnala in Pathanapuram-Punnala road. At the time of accident, the deceased was travelling in Motor Cycle No. K.R.Q. 8812 that belonged to him, as a pillion rider. The vehicle had been insured with the appellant, and at the time of the incident, it was driven by one M.K. Daniel, the 5th respondent in this appeal who was the 1st respondent before the Tribunal. An amount of Rs.5,00,000/- was claimed as compensation.

(3.) The 5th respondent was ex parte. The appellant 2nd respondent before the Tribunal contended that there was collusion between the Ist respondent Daniel and the petitioners, and stated that the deceased, who was the owner of the vehicle, could not claim the benefits of the policy because it was issued to cover only third party risks.