SIMON PATHROSE Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) The claimant before the Motor Accidents Claims Tribunal, Kottayam (hereinafter referred to as 'the Tribunal') in O.P. (M.V.) No. 50 of 1990 is the appellant. The claim arose out of the following facts:

(2.) According to the appellant/claimant, on 28-8-1989 at about 3.20 p.m. he boarded the bus bearing Registration No. KRK 5576 at the Chalakunnu bus stop. Before the appellant could make a complete entry into the bus, the bus was put in motion by the driver all of a sudden without any warning which resulted in the appellant being thrown out of the bus through the door which was not closed. Thereby the appellant sustained grievous injury. According to the appellant, both the conductor and the driver were negligent in operating the bus which resulted in the accident. The appellant has a specific case that the accident occurred due to the rash and negligent driving of the bus by the driver as well as the careless conduct of the conductor of the bus. The owner and insurer of the bus were arrayed as respondents 1 and 2 respectively before the Tribunal.

(3.) The first respondent owner of the bus filed a written statement contending inter alia that the petition is not maintainable; the occurrence of the accident alleged is not correct; the accident occurred due to sole negligence of the petitioner since the petitioner tried to enter into the moving bus and that the nature of the injuries alleged to be sustained by the appellant is not correct and the petition is not maintainable due to non joinder of parties, i.e. the driver of the vehicle.