NATIONAL INSURANCE CO. LTD. Vs. SREELEKHA, V. K.

JUDGEMENT

(1.) The insurance company in O.P.(M.V.). No.1600/2001 before the Motor Accidents Claims Tribunal, Thalassery, is the appellant herein. The O.P. was filed by the dependants of deceased Madhusoodanan, who died in an accident involving a vehicle insured with the appellant.

(2.) The accident occurred in the following manner:

(3.) The dependants of th deceased, who are the respondents 1 to 3 herein filed the O.P., claiming compensation for the death of their breadwinner, alleging that the accident occurred in the course of use of the bus, on account of the negligence of the driver of the vehicle. The tribunal considered the evidence adduced by the parties and came to the conclusion that the accident occurred because of the negligence of the deceased, the driver of the bus and the driver of the lorry in the ratio 25:50:25. The appellant was directed to pay 50% of the award amount by indemnifying the owner of the bus for the compensation payable to the claimants for the death of the deceased on account of the negligence of the driver of the bus. The appellant is challenging that finding making the appellant liable for the compensation as insurer of the bus.