It was, furthermore, companytended that the accident had taken place at a private place.
from the date of the filing of the claim petition till date of realization of the amount against the appellant as also against the owners of the vehicle was dismissed.
In regard to the said accident, a claim petition was filed.
Aggrieved by the said award, the appellant filed an appeal before the High Court of Kerala under Section 173 of the Motor Vehicles Act, 1988 for short the Act .
This appeal is directed against a judgment and order dated 22.3.2006 passed by the High Court of Kerala at Ernakulam in M.F.A. No.
1200/ per month as also age of the deceased assessed at 50 years claimants were entitled to companypensation for a sum of Rs.1,05,600/ .
As regards liability of the appellant it was held as the existence of the insurance policy in respect of the offending scooter is admitted, it was also liable.
On the question as to whether the Insurance Company would be liable in a case of this nature, the Division Bench opined as under The appellant is the third respondent in O.P. MV 119/94 on the file of the motor Accident Claims Tribunal, Perumbavoor.
She fell down from the scooter and succumbed to the injuries sustained by her.
By reason of the impugned award, the tribunal, however, opined The accident had taken place due to rash and negligent riding of the scooter by Sebastian P.V. respondent No.1 to the claim petition Keeping in view the monthly income of the deceased which was estimated at Rs.
Appellant was directed to pay companypensation for the death of the pillion rider of a motor cycle.
The vehicle was insured with the appellant.
Appellant having been served with a numberice, in its written statement, inter alia, raised a companytention that she being a pillion rider and, thus, a gratuitous passenger, the insurance policy did number companyer the risk of injury or death of such a passenger and, thus, it was number liable to reimburse the owner of the scooter therefor.
The basic fact of the matter is number in dispute.
B.SINHA.J Leave granted.
A sum of Rs.5,000/ was allowed towards companypensation for pain and suffering a sum of Rs.100/ was allowed towards damage of clothing and articles, a sum of Rs.5,000/ was allowed towards loss of love and affection and a sum of Rs.1,000/ was allowed towards mental shock and agony.
Thankamani hereinafter referred to as the deceased was travelling as a pillion rider on a scooter on 20.10.1993.
Hence this appeal.
536 of 1999 whereby and whereunder the appeal preferred by the appellant herein from the judgment and award dated 31.10.1998 passed by the Motor Accident Claims Tribunal, Perumbavoor awarding a sum of Rs.1,18,900/ Rupees One lakh eighteen thousand and nine hundred only together with interest thereon at the rate of 12 p.a.
