The Oriental Insurance Company … vs Anoop (Minor) Represented By His … on 10 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 349 of 2004()


1. THE ORIENTAL INSURANCE COMPANY LIMITED,
                      ...  Petitioner

                        Vs



1. ANOOP (MINOR) REPRESENTED BY HIS FATHER
                       ...       Respondent

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.JOSE THETTAYIL

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :10/06/2008

 O R D E R
                           M.N.KRISHNAN, J
                       =====================
                         MACA No.349 OF 2004
                       =====================

                  Dated this the 10th day of June 2008

                               JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Perumbavoor in O.P.(MV)No.693/1996. The contention is

that there was a collision between the KSRTC bus and a lorry and the

claimant sustained injuries. The Tribunal found that the driver of the lorry

was negligent and ordered compensation accordingly.

2. A perusal of the award would show that some mistake is

committed in writing the scene mahazar and it is stated that the non-

examination of the Constable is not proper. Whatever it may be, even if the

scene mahazar is read in the way in which it is to be read, the accident

would not have been on the wrong side of the lorry, if it is true. So the

conclusion arrived at by the Tribunal to find out the negligence of the lorry

driver is on flimsy grounds. It has to be set aside and the matter requires

reconsideration. Since the claimant has not preferred any right over the

K.S.R.T.C., it is for the claimant to decide and if the law so permits to

implead the K.S.R.T.C. as well in the party array. So, the claimant is

CRPs 1918 & 1919/2003 -:2:-

permitted to file an application for impleadment and after disposing of the

same, the court may proceed to dispose of the matter after permitting all

concerned to adduce evidence in support of their respective contentions and

decide the matter in accordance with law. I make it clear that I have not

interfered with the question of compensation awarded. The question of

negligence and the liability alone need be decided by the Tribunal. Parties

are directed to appear before the Tribunal on 22.7.2008.

M.N.KRISHNAN, JUDGE

Cdp/-