APPU Vs. SHAJI L T

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Muvattupuzha dated 19.3.2012 in O.P. (MV).No.522 of 2007, an application filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Das, son of the first appellant, husband of the second appellant and father of appellants 3 and 4, who died in a motor accident occurred on 18.12.2006 while he was walking through the side of Vaikom-Ernakulam PWD Road. At the place of accident, he was hit by a tipper lorry bearing Reg.No.KL-10/R-1733, driven and owned by respondents 1 and 2 and insured with the third respondent. The said tipper lorry was also hit by a KSRTC bus bearing Reg.No.KL-1/4607, driven by the fourth respondent and owned by the fifth respondent. As a result of the accident, the deceased sustained fatal injuries, who succumbed to the injuries on the very same day itself. Alleging that the accident occurred due to the rash and negligent driving of the tipper lorry by the first respondent driver and the KSRTC bus by the fourth respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.16,10,000/- under different heads.

(2.) Before the Tribunal, Exts.A1 to A9 were marked and PW1 was examined on the side of the appellants/claimants. Copy of the insurance policy of the tipper lorry was marked as Ext.B1. The respondents have not chosen to adduce any oral evidence.

(3.) After considering the materials and evidence on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of the tipper lorry by the first respondent driver and the KSRTC bus by the fourth respondent driver. The Tribunal fixed negligence between the driver of the tipper lorry and the driver of the KSRTC bus in the ratio 50:50. Since the tipper lorry was covered by a valid insurance policy, the third respondent insurer was held liable to indemnify the owner of the said vehicle for payment of 50% of the amount of compensation awarded. Since the KSRTC bus was not having any insurance coverage, the fifth respondent owner, the Managing Director of the KSRTC, was held liable to pay the remaining 50% of the compensation awarded. Under different heads, the Tribunal awarded a total compensation of Rs.4,89,932/-, which was rounded to Rs.4,89,950/-, together with interest at the rate of 8% per annum from the date of the petition till deposit and the respondents 3 and 5 were directed to deposit 50% each of the award amount before the Tribunal.