NAJEEB Vs. BABU

JUDGEMENT

(1.) This appeal is filed by the injured who was the claimant in O. P. (M. V.). No. 278 of 1982 on the file of the Motor Accident "Claims Tribunal, Ernakulam. The first respondent herein is the owner of the vehicle KLH 2518 and the 2nd respondent is the driver of the said vehicle. The 3rd respondent is the insurance company who issued an insurance policy in respect of the said vehicle.

(2.) In the original claim petition viz. O. P. (M. V.) No. 278/82, there were three other respondents, viz. the driver of the Kerala State Road Transport bus, KLX 3901, its owner, the General Manager, Kerala State Road Transport Corporation as respondents 4 and 5. There was yet another respondent, viz. the 6th respondent who was impleaded in the proceedings before the Tribunal as the person to whom the ownership of the vehicle KLH 2518 is alleged to have been transferred.

(3.) According to the claimant/appellant, he was a passenger in the stage carriage bus bearing registration no. 2518 of which the first respondent is the owner and the 2nd respondent was the driver. He sustained injuries in an accident in the said bus while he was "travelling. The bus collided with K. S. R. T. C. bus bearing registration No. KLX 3901 at about 6.00 P. M. on 20-8-1981. According to the claimant, the accident had taken place due to the rash and negligent driving of the bus KLH 2518 and therefore, the owner of the vehicle viz. the first respondent is responsible for payment of the compensation in respect of the injury sustained by him in the accident.