MARIYUMMA Vs. C MUHAMMAD MOYIN

JUDGEMENT

(1.) The 1st respondents in these appeals were some of the passengers who travelled by the Ist appellant's bus KLO 8083 which operated between Nilambur and Kozhikode via, Manjeri. The 2nd appellant who is an employee of the 1st appellant was the driver of the bus. The 1st respondents boarded the bus at Manjeri at about 5 30 p. m. on 15-1-1977. When the bus reached Vemboor it suddenly swerved out of the road and dashed against a mango tree which stood on the left hand side of the road at a distance of about 8 yards. The bus was extensively damaged and a number of passengers including the 1st respondents (the "claimants") sustained injuries. They lodged their claims with the Tribunal constituted under S.110 of the Motor Vehicles Act, 1939, for compensation in respect of the injuries suffered by them as a result of the accident. The Tribunal by separate orders held that the claimants were entitled to be compensated for the injuries suffered by them and that the 1st appellant (the "owner"), the 2nd appellant (the "driver") and the 2nd respondent (the "insurer") were liable to pay the same to the claimants. Compensation was awarded in the sums of Rs. 3057/-, Rs 2435/-, Rs. 2276.05, Rs. 2935/- and Rs. 4400/- respectively in favour of the 1st respondents in M. F. A. Nos. 17/79, 18/79, 19/79, 20/79 and 32/79.

(2.) These appeals are instituted by the owner and the driver against the orders of the Tribunal awarding compensation as aforesaid.

(3.) The original claim petitions contained no statement that the accident was caused on account of the negligence of the owner or the driver. But the petitions were allowed to be amended by specific orders of the Tribunal to insert such statements. Accordingly the petitions were amended to insert the following particulars: