MANAGING DIRECTOR Vs. B. ABDULLA

JUDGEMENT

(1.) THIS appeal is filed by the second respondent in O.P. (MV) No.423 of 2006 on the file of the Motor Accidents Claims Tribunal, Kasaragod. Respondents 1 and 2 herein are the petitioners in that Original Petition.

(2.) THE case of the petitioners in the Original Petition is briefly as follows : Petitioners 1 and 2 are the parents of deceased Shabeer, who died in a motor accident. The allegation is that on 31.7.2005 at about 19.00 hours, Shabeer was proceeding in a scooter bearing registration No.KL-14/E- 3863 with a pillion rider from Nullippady to Vidyanagar and when they reached near a petrol pump at Anangoor, a KSRTC bus driven by the first respondent came in a rash and negligent manner from the opposite direction and hit the scooter, whereby Shabeer and the pillion rider sustained serious injuries. Immediately Shabeer was taken to a hospital at Kasaragod where he died on the next day. The accident was due to the rash and negligent driving of the KSRTC bus by the first respondent. The second respondent is the R.C. owner of the vehicle and employer of the first respondent. Hence, both the respondents are jointly and severally liable to compensate the petitioners. Petitioners claimed an amount of Rs.4,00,000.00 as compensation.

(3.) BEFORE the Claims Tribunal, no oral evidence was adduced from the side of the petitioners. Exts.A1 to A4 were marked on their side. The first respondent was examined as RW1. The learned Tribunal, on considering the evidence on record found that the accident was due to the rash and negligent driving of the first respondent, who was driving the KSRTC bus and Rs.3,81,000.00 was awarded as compensation to the petitioners with interest at the rate of 8% per annum from the date of the petition till the date of payment and respondents were made liable to pay the compensation. Aggrieved by the said award, the second respondent (KSRTC) filed this appeal.