JAYATHILAKAN Vs. BALAKRISHNAN

JUDGEMENT

(1.) In this appeal, the 2nd respondent in O.P.(M.V)No. 1460 of 2007 on the files of the Motor Accidents Claims Tribunal, Ottappalam calls in question the legality of the judgment and award where under the appellant was held jointly and severally liable along with the first respondent to pay 75% of the amount awarded along with interest thereon. In fact, as per the impugned judgment, the third respondent who is the insurer of the vehicle belonging to the appellant involved in the accident was directed to pay the said amount to satisfy the award to the aforesaid extent with liberty to recover the same from the first respondent and the appellant. For the sake of convenience, the parties are referred to hereafter in this judgment in accordance with their status before the Tribunal unless otherwise specifically mentioned.

(2.) The relevant facts for the disposal of this appeal are as hereunder:-

(3.) It is also to be noted that the third respondent had filed I.A.No. 672 of 2008 seeking a direction to the second respondent to produce the permit issued in respect of his bus involved in the accident. Owing to the non-production of the permit, despite such a direction, an adverse inference was drawn against the second respondent (the appellant herein). In fact, it was inferred that the second respondent was not having valid permit in respect of the bus belonging to him involved in the accident, at the time of the accident.