RASHEED K. Vs. BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD
HIGH COURT OF KERALA
Branch Manager, New India Assurance Company Ltd
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ANIL K NARENDRAN,J. -
(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Kalpetta dated 29.10.2011 in O.P.(MV). No.401 of 2007, an application filed by the appellant herein under section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor vehicle accident occurred on 21.5.2007 while he was travelling as a pillion rider on a motor cycle bearing Reg.No.KL-12/A 3341, ridden and owned by respondents 1 and 2 before the Tribunal and insured with the respondent herein (3rd respondent before the Tribunal). Due to the rash and negligent riding of the motor cycle by the 1st respondent rider, it capsized and the appellant sustained injuries. Claiming a total compensation of Rs. 3,00,000/- for the injuries sustained in the accident, claim petition was filed before the Tribunal.
(2.) Before the Tribunal, the claimant was examined as PW1 and Exts.A1 to A11 were marked on his side. The disability certificate was marked as Ext.C1. The respondents have not chosen to adduce any oral or documentary evidence.
(3.) After considering the evidence on record, the Tribunal arrived at the conclusion that the accident occurred due to the rash and negligent riding of the motor cycle by the first respondent rider. Since the vehicle is covered by a valid package policy, the third respondent insurer (sole respondent in this appeal) was held liable to indemnify the second respondent owner. Under different heads, the Tribunal awarded a total compensation of Rs. 1,52,400/- and the insurer was directed to deposit the said amount before the Tribunal together with interest @ 7.5% per annum and proportionate cost.;
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