MISSERY Vs. SULFIKERALI AND ANOTHER

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Thodupuzha dated 27.01.2007 in O.P. (MV) No. 211 of 2003, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by the appellant/claimant in a motor accident which occurred on 27.12.2003 while she was travelling in an autorikshaw bearing Reg. No. KL-10/D-769. At the place of accident the autorikshaw was hit by a bus bearing Reg. No. KL-10/M-290 owned and driven by the first respondent and insured with the second respondent. As a result of the accident, she sustained serious injuries. Alleging that the accident occurred due to the rash and negligent driving of the bus by the first respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs. 3,00,000/- under different heads. Before the Tribunal the first respondent remained ex-parte and the second respondent insurer of the bus filed written statement admitting insurance coverage of the offending bus. However they contended that the accident occurred due to the rash and negligent driving of the autorikshaw by its rider and as such, they cannot be held liable to pay the amount of compensation.

(2.) Before the Tribunal Exts. A1 to A9 series were marked on the side of the appellant/claimant. Both sides have not chosen to adduce any oral evidence.

(3.) After considering the materials on record, the Tribunal arrived at a finding that the accident occurred due to the rash and negligent driving of the first respondent driver of the bus and also that of the driver of the autoriskhaw in which the appellant/claimant was traveling, and apportioned negligence between the driver of the bus and driver of the autorikshaw in the ratio 70:30. Under different heads, the Tribunal awarded a total compensation of Rs. 73,384/-. Since the driver and owner of the autorikshaw are not made parties to the claim petition, the appellant/claimant was found entitled only to 70% of the amount so awarded. Accordingly, the second respondent insurer was directed to deposit a sum of Rs. 51,380/-towards 70% of the total amount of compensation awarded, together with interest at the rate of 6% per annum from the date of petition, i.e., from 02.04.2003 till realisation.