ORIENTAL INSURANCE COMPANY LIMITED ERNAKULAM Vs. MARY PUSHPAM

JUDGEMENT

(1.) This appeal is by the third respondent in O.P.(MW) No. 203 of 1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam. Appellant is the insurer of a Bus bearing Registration No. KRE 9761 involved in a motor accident occurred on9.10.1985 in which one Stansilovos died. Respondents 1 to 5 in the appeal are the 5 claimants who have filed the petition originally. Thereafter, the 4th respondent in the petition was transposed as additional claimant No.6 in the petition the appeal he is impleaded as the 6th respondent Respondents 7 and 8 in the appeal are the driver and owner of the bus in question. They were respectively respondents 1 and 2 in the petition.

(2.) Respondents 2 and 4 and 6 have filed a cross objection in the appeal. The cross objection was filed in time on 20.3.1992.

(3.) The case of claimants 1 to 5 was that they are the legal heirs of deceased Stansilavos and on the fateful day the deceased was travelling as a pillion rider on a motor bike driven by P. W.2. While so, the bus in question hit the motor bike and he was thrown out on the road. He suffered fatal injuries to which he succumbed on 20.10.1985 at the Medical Trust Hospital, Ernakulam. Claimants have alleged that it was solely on account of the rash and negligent driving of the bus by the 7th respondent that the accident has occurred. Accordingly a total amount of Rs.4,30,000/- was claimed as compensation against the owner, driver and the insurer of the bus. Claimants stated that the deceased at the time of death was a Class 'A' Contractor aged 47 years working in the Minor Irrigation Department and was earning an amount of Rs. 2,000/- per mensum.