RENI Vs. SUBHASH BABU

JUDGEMENT

(1.) The appellants are the claimants in O.P(MV) No.1637 of 2010 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. They are the wife, minor daughter and parents respectively of late P.Jiju, a welder aged 34 years, who sustained fatal injuries in a motor accident that took place on 8.3.2010.

(2.) The appellants had in the claim petition averred that while the victim of the accident was riding his scooter, a stage carriage owned by the first respondent, driven by the second respondent, and insured with the third respondent collided with his scooter and in that accident, the victim sustained serious injuries and while undergoing treatment at Medical College Hospital, Kozhikode, he succumbed to the injuries on the same day. They contended that the accident took place solely on account of the negligence of the second respondent, the driver of the stage carriage.

(3.) Upon receipt of notice, the owner of the stage carriage entered appearance and filed a written statement admitting his ownership over the vehicle, but denying the allegation of negligence against the second respondent. It was contended that the stage carriage was covered by a valid policy of insurance issued by the third respondent and, therefore, the third respondent is liable to pay the compensation, if any, awarded by the tribunal. The second respondent entered appearance and filed a written statement admitting the fact that he was driving the bus at the relevant time. He contended that he possessed a valid driving licence and that if any compensation is payable, it is to be paid by the third respondent. The third respondent insurer entered appearance and filed a written statement admitting the insurance coverage but contending that the accident took place solely on account of the negligence of the victim of the accident. It also contended that the driver of the motor car bearing Reg. No.KL-11/X-5132 which hit against the stage carriage, (even according to the claimants, the stage carriage had collided with the said motor car after hitting the scooter) was responsible for the accident. Though the appellants had in the claim petition averred that the victim was a welder employed in Five Star Industries, Kuttikattoor, and was earning a monthly income of 8,500/-, the third respondent did not take the stand that the victim was not a welder. It had however, stated in paragraph 4 of the written statement that it does not admit the age, occupation and income of the deceased shown in the petition. It had further stated that the petitioners are put to strict proof of the same.