JOY Vs. VARGHESE

JUDGEMENT

(1.) MACA 2171 of 2012 is filed by the additional respondents 3 and 4 in OP(MV). 1139/2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam. Additional respondents 5 to 8 in the O.P. are the appellants in MACA 2294 of 2012. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

(2.) The above OP was filed under Sec. 163A of the Motor Vehicles Act by the parents of the deceased Josemon who died in a motor vehicle accident that occurred on 3/8/2003. According to the petitioners on 3/8/2003 at about 8.45 p.m., the deceased was riding pillion on a motor cycle bearing registration No.KL-7/AM 3063 ridden by one George Silvan @ George and when it reached near ATS Hotel, W.Island, the motor cycle fell into a trench taken in the road, which was also filled with water and he sustained serious injuries and succumbed to the injuries on 5/8/2003. The 1strespondent is the owner of the motor cycle and the 2ndrespondent is its insurer.

(3.) In the O.P., originally there were only two respondents, the owner and insurer of the motorcycle. Subsequently, additional respondents 3 to 8 were impleaded. Additional 3rdrespondent is the Managing partner and Additional 4th respondent is the Supervisor of M/s. Manikkath Construction Company. The 5th respondent is the Chief Engineer and respondents 6 to 8 are the Supervisors of M/s.Konkan Storage Pvt.Ltd. It is alleged that the additional respondents 3 to 8 were constructing a trench in the public road for laying pipe line, that during the construction of the said trench, all the additional respondents negligently and carelessly kept the trench opened during night, without providing any barricades or warning signal or other safety measures and that is why, the accident occurred.