M.S. SADANANDAN Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)80/05. The insured, a passenger in a K.S.R.T.C. bus sustained injuries, when according to him the bus over turned due to the rash and negligent driving of the bus driver. On the contra K.S.R.T.C has raised a contention that the scooter which was just moving forward suddenly skidded and that resulted in the accident. Unfortunately both the scooterist and the driver of the K.S.R.T.C. bus died in the accident. The Tribunal had dismissed the petition on the ground that the legal representatives of the deceased driver are not impleaded as parties. It is true that they may not be directly strictly aware of any negligent aspect but it has to be stated suppose without them on the party array a decision is arrived in fixing the negligence on the K.S.R.T.C driver, their right if any to claim compensation from the other parties will be lost. Or in other words it will be a decision violating the principles of natural justice. Therefore I also feel the legal representatives of the driver are necessary parties to the proceedings. Learned Counsel for the appellant points out the difficulties to get the address of the legal representatives. Certainly documents would be available with the K.S.R.T.C and I also direct the K.S.R.T.C to furnish the names of the legal representatives when an application is moved in that direction. So I am inclined to grant an opportunity. The award passed by the Tribunal is set aside. The matter is remitted back to the Tribunal with a direction to implead the legal representatives of the K.S.R.T.C. driver and thereafter all the parties be permitted to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 23.10.10.