UNITED INDIA INSURANCE COMPANY LIMITED Vs. ARUN

JUDGEMENT

(1.) These two appeals are filed against the award passed in O.P.(MV) No.136/2005 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. M.A.C.A. No.1522/2016 is filed by the 3rd respondent in O.P.(MV) No.136/2005 and M.A.C.A. No.3354/2021 is filed by the petitioners in that claim petition. (Parties are hereinafter mentioned in accordance to their rank before the Tribunal).

(2.) Petitioners are the legal heirs of the deceased in a motor accident occurred on 18/2/2013. The deceased was engaged in loading of granite from a granite quarry at Mannur into the tempo bearing registration No.KL-07/G-5758. The lorry was parked by the 1st respondent driver at the place of occurrence. At that time somebody was engaged in cutting a big njaval tree and the said tree fell down into the platform of the tempo where the deceased was standing and he sustained fatal injuries and he was immediately taken to Medical College Hospital, Kolenchery but he succumbed to the injuries on the same day. Respondents 1 and 2 remained ex parte and the 3rd respondent insurance company filed a written statement. On the side of the petitioners, PWs 1 to 3 were examined and Exts.A1 to A5 were marked. Ext.X1 is the CD file, Ext.X1(a) is the case diary and Ext.X1(b) is the copy of the charge sheet in the C.D. file. After going through the evidence and documents the Tribunal dismissed the same finding that the petitioners have failed to establish negligence on the part of the 1st respondent driver.

(3.) Aggrieved by the same, the petitioners filed M.A.C.A.No.2388/2009 before this Court. This Court allowed that appeal as per judgment dtd. 29/7/2015 and was pleased to set aside the award and remanded the case for consideration by the Tribunal for fixing the quantum of compensation and allied matters like liability of owner and insurer.