IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 884 of 2002(C)
1. SEBASTIAN S/O. OUSEPH, MURINGOTHU HOUSE,
... Petitioner
Vs
1. BIJUMON S.K. S/O. KUNJAPPAN,
... Respondent
2. ALEXANDER JOSEPH, VAZHUTHANAPPALLIL
3. NEW INDIA, ASSURANCE COMPANY LTD.,
For Petitioner :SRI.ABRAHAM MATHEW (VETTOOR)
For Respondent :SMT.GIRIJA.L.
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :26/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No.884 of 2002
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Dated this the 26th day of February, 2008
Judgment
Koshy,J.
Appellant/Claimant while driving a tempo van met with
an accident and sustained serious injuries. He claimed
compensation alleging that the accident occurred due to the
negligence of the driver of a stage carriage bus insured by the third
respondent insurance company. Second respondent is the owner
and first respondent is the driver of the stage carriage. It is his case
that though he hit behind the bus the accident occurred due to the
sudden stopping of the bus. It is his definite case that the accident
occurred in front of the K.S.R.T.C. bus stand where stopping of buses
are prohibited. The bus suddenly stopped without any signal. In
view of the above, while he was coming in a moderate speed, it
happened to hit behind the back of the bus. It is true that appellant
was charge-sheeted. However, he was acquitted after evidence. It
is further submitted that on the basis of the private complaint, F.I.R.
M.F.A.No. 884/2002 2
was registered against the bus driver also, but, we note that if he
was coming keeping a moderate distance with the bus, the accident
could have been averted. The accident occurred in a highway.
Buses can stop only at the authorised bus stops and private buses
cannot stop in front of the K.S.R.T.C. bus stand and the accident
occurred only because of the sudden stopping of the bus. But, if the
appellant was vigilant in driving the vehicle by keeping a moderate
distance, he could have avoided the accident. Sudden stoppage of
the bus is also a negligent act especially at a place where there is
no declared bus stop. In these circumstances, we are of the opinion
that both drivers were negligent and negligence can be attributed
70% on the part of appellant himself and 30% on the driver of the
stage carriage bus insured by the third respondent insurance
company.
2. With regard to the quantum of compensation, no
data is available for fixing the compensation payable. Therefore, we
are remanding the matter to the tribunal. Parties are also allowed
to adduce further evidence on the question of quantum of
compensation. Out of the compensation calculated, only 30% of the
M.F.A.No. 884/2002 3
compensation can be awarded to the appellant. The impugned
award is set aside.
The appeal is allowed by way of remand. Parties shall
appear before the tribunal on 7.4.2008.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No. 884/2002 4
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No.884 of 2002
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Judgment
Dated:26th February, 2008