ORIENTAL INSURANCE CO LTD Vs. AJAYAKUMAR

JUDGEMENT

(1.) The appeal is from the award of the M.A.C.T. Neyyattinkara, in O.P.(MV) No. 388 of 2004. This is a case where the claimant, a driver, who was earning Rs. 4,000/- per month, while walking along the foot path on the left side of Chenthitta near the Over Bridge road in Thiruvananthapuram was hit by a car bearing Reg. No. KLU-6276 driven by the 2nd respondent from behind. His leg was jammed between the car and an electric post beside the road and he sustained fracture both bones left leg.

(2.) After assessing various aspects, the Tribunal has awarded a total compensation of Rs. 1,33,066/-.

(3.) The learned counsel for the Insurance Company Sri A.R. George submitted that actually the accident was caused by the additional 4th respondent namely, the Kerala State Road Transport Corporation. It is submitted that the case of the appellant is that a K.S.R.T.C. bus hit the car from behind and in turn the pedestrian was knocked down by the car. It is therefore submitted that the driver of the car was not negligent in causing the accident. In these circumstances, the Managing Director of K.S.R.T.C. was impleaded as additional 4th respondent before the Tribunal. But the Tribunal has entered a finding against the Insurance Company in this case, which is not justified. The learned counsel for the respondents submitted that in Ext. A2 final report both the drivers of the car as also the bus are shown as the accused.