SUSY Vs. SUMA LALU

JUDGEMENT

(1.) The appellant was the petitioner in O.P. (MV) No.1825/2009 on the file of the Additional Motor Accidents Claims Tribunal, Kottayam. The respondents in the appeal were the respondents in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The concise case in the claim petition, for the determination of the appeal, is: on 1.8.2009 when the petitioner was travelling in a bus bearing Reg. No.KL-5V 6757 (offending vehicle) from Vadavathoor to Kottayam, the bus stopped in-front of the Baselious College and the Conductor directed the passengers to alight from the bus. While the petitioner was alighting from the bus, the driver suddenly moved the bus forward. The petitioner fell down and back wheel of the bus ran over her and she sustained grievous injuries. The petitioner was treated at the Medical College Hospital, Kottayam. The accident occurred due to the rashness and negligence on the part of the respondents 3 and 4 the driver and conductor of the bus. The 1st respondent was the owner of the bus and the 2nd respondent is the insurer. The petitioner claimed that she was a maid servant and drawing a monthly income of Rs.6,000/-. The respondents 1 to 4 the owner, insurer, driver and conductor of the bus are jointly and severally liable to pay the petitioner a total compensation of Rs.3,67,106/-.

(3.) The respondents 1,3 and 4 remained absent and were set ex parte.