NATIONAL INSURANCE CO.LTD Vs. NARAYANI

JUDGEMENT

(1.) This appeal has been filed by the third respondent/insurer against the award passed in O.P.(MV) No.425/2012 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode.

(2.) The claim petition has been filed by the original respondents 1 to 4 (since deleted) claiming compensation (hereinafter be referred as 'claimants') out of death of one Krishnankutty who met with an accident on 21/4/2009 at about 5.15 p.m while stepping into the stage carriage bus with Reg.No.KL-10J-2509 which is owned by the 5th respondent/1st respondent. It was contended that 6th respondent (since deleted)/2nd respondent stopped the vehicle touching the electric line hanging over the road and the deceased was electrocuted when he was about to enter into the bus. So, according to the claimants, respondent Nos.5 and 6 as well as the appellant/3rd respondent are liable to compensate the claimants. 7th respondent/4th respondent KSEB was supplying electricity and Respondent Nos.8 to 10/respondent Nos.5 to 7 are the employees of the 7th respondent/4th respondent and they have not taken proper safety measures by tightening the hanging electric conductor to prevent the accident. So, the claimants alleged that respondent Nos.5 and 6, the appellant as well as respondent Nos.7 to 10 are liable to compensate them.

(3.) Before the Tribunal, respondents 5 and 6/1st and 2nd respondents filed joint written statement denying negligence on the part of the second respondent in driving the bus. It was also contended that some of the passengers entered into the bus from the bus stop. Since the deceased was not wearing foot wear at the time of accident he was electrocuted and hence it was due to the negligence of the 4th respondent that the accident happened.