ORIENTAL INSURANCE CO LTD Vs. DANIEL

JUDGEMENT

(1.) Thisese three appeals are directed against the common award in O.P. (M.V.) Nos. 681, 682 and 683 of 1988 of the M.A.C. Tribunal, Ernakulam respectively. The common appellant herein is Oriental Insurance Co. Ltd., who is the respondent No. 3 in all the claim petitions before the Tribunal. The claimants in the above petitions are persons who sustained the personal injuries in the motor accident occurred on 13.12.1987 near Cochin Naval Base. Respondent No. 1 in all the appeals is the claimant. Likewise respondent Nos. 2 and 3 are the owner and driver of the jeep involved in the accident. The claimants were the persons who travelled in the jeep on the invitation extended to them by its owner and driver.

(2.) The Tribunal after the enquiry found that the accident occurred due to rash and negligent driving of the respondent No. 3 driver. It further found that the injured persons were gratuitous passengers and, therefore, the decision of the Orissa High Court in Oriental Fire & Genl. Ins. Co. Ltd. v. Sanatan Pradhan, 1988 ACJ 792 (Orissa) and the decision of this court in M.F.A. No. 156 of 1988 would apply. That means the insurer was liable to indemnify the owner of the vehicle in respect of the compensation awarded.

(3.) Number of appeal, number of claim petition, amount of compensation claimed and amount of compensation awarded are tabulated hereunder: <FRM> Appeal No. Claim Petition No. Amount Amount claimed awarded M.F.A. 467 of 1991 OP (MV) 681 of 1988 Rs. 35,000 Rs. 24,500 M.F.A. 468 of 1991 OP (MV) 682 of 1988 Rs. 15,000 Rs. 11,650 M.F.A. 469 of 1991 OP (MV) 683 of 1988 Rs. 12,000 Rs. 4,750</FRM>