MANAGING DIRECTOR K S R T C KARNATAKA REP BY THE DIVISIONAL CONTROLLER CENTRAL OFFICE K H ROAD SHANTINAGAR BANGALORE Vs. RANI THRESSYA W/O LATE JOHNY

JUDGEMENT

(1.) THESE appeals arise out of a common award in OP(MV) Nos. 1717 of 2001, 371 of 2002 and 1718 of 2001. We have today allowed MACA. No. 1515 of 2007 which was directed against the award in OP(MV) No. 1718 of 2001 and remanded OP(MV) No. 1718 of 2001 to the M.A.C.T. Alapuzha for fresh decision. One of the reasons on the basis of which we interfered with the award in OP(MV) No. 1718 of 2001 was that the award does not decide the issue as to whether the driver of the mini lorry which was also involved in the accident was negligent and if so, to what extent.

(2.) AS far as these two cases are concerned, MACA. No. 1655 of 2007 arising from OP(MV) No. 371 of 2002 deals with compensation towards property damages only. MACA. No. 1654 of 2007 arising from OP(MV) No. 1717 of 2001 deals with compensation for the death of the driver of the mini lorry. The compensation awarded in these two cases appear to be reasonable. At the same time, the common ground raised in these appeals is that the learned Tribunal did not consider the issue as to whether the driver of the mini lorry who also lost his life in the accident was negligent, if so, to what extent? We feel that the said issue should be addressed by the Tribunal in its award. Accordingly, we set aside the awards which are impugned in these appeals and remand OP(MV) Nos. 1717 of 2001 and 371 of 2002 to the Motor Accidents Claims Tribunal, Alapuzha.