THOMAS KURUVILA Vs. ANILA SAJI

JUDGEMENT

(1.) It was on 14.6.2008 the accident. It was a collision between a motorbike and an auto rickshaw. The appellant was riding the bike. A person by name V.K.Saji was travelling on the pillion seat of the bike. He sustained injuries to which he succumbed on the fifth day of the accident while being managed as an inpatient in a hospital. The motorbike owned and driven by the appellant did not have insurance coverage. The above are facts either admitted or proved.

(2.) Heard Sri.Surin George Ipe, the learned counsel for the appellant and Sri.Nandagopal.S.Kurup, the learned counsel for the respondents.

(3.) The case has a short history. Originally an award was passed in favour of the claimants. The amount awarded was Rs 5, 92, 500/- It was an ex parte award. The appellant sought to set aside the ex parte award. His application was dismissed by the tribunal. He therefore filed OP(MAC) 1311/2012 . The same was allowed subject to a condition. The condition was that the appellant should deposit 50% of the amount awarded. Going by the judgement in OP(MAC) 1311/2012, the consequence of the failure to deposit the amount would be that the award impugned would be in force. The appellant deposited the amount. Therefore the tribunal collected evidence and passed a fresh award. After collection of evidence the case was reserved for pronouncing the order. Thereafter came an application filed by the respondents herein to amend their claim application. That application was numbered IA 2642/2014. The appellant opposed the application. After hearing both sides the tribunal allowed the application. Accordingly the claim application was amended. Thereafter the tribunal passed the award impugned in the present appeal.