JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award dated 13.07.2012 made in M.C.O.P.No.259 of 2008 on the file of the Motor Accident Clams Tribunal, Sub Court, Valliyoor.)

1. The Insurance Company is challenging the award of the Motor Accident Claims Tribunal, Valliyoor in MCOP.No.259 of 2008 primarily on the ground of liability.

2. According to the injured claimant he was travelling as a pillion rider in a motor bike which was driven by the owner cum driver namely Rajesh. On 30.10.2008 at about 6.30 p.m, a mini bus belonging to the first respondent and insured with the second respondent had dashed against the rear side of the motor bike in which the claimant had sustained grievous injury. Hence, he had prayed for a sum of Rs.5,00,000/- towards compensation.

3. The first respondent namely the owner of the mini bus had filed a counter contending that only the rider of the motor bike drove the said vehicle in a rash and negligent manner and hit against the rear side of the mini bus. Therefore, the driver of the motor bike should have been impleaded as a party. The vehicle being insured with the second respondent, the s