BIJUMON Vs. JITHU (MINOR) AND OTHERS

JUDGEMENT

(1.) The first respondent, the registered owner of an autorickshaw bearing Reg.No.KL-01/N 6628 has approached this Court with the captioned appeals and the above writ petition challenging the common award dated 17.3.2016 passed by the Motor Accidents Claims Tribunal, Neyyattinkara (for short 'the Tribunal') in claim petitions preferred there as OP(MV) Nos.936/2008, 938/2008, 945/2008, 971/2008 and 999/2008.

(2.) A motor accident occurred at 5.30 p.m. on 24.8.2008 when the aforesaid autorickshaw carrying five passengers overturned. One among the passengers in the autorickshaw died in the accident and the other passengers sustained serious injuries. The injured passengers availed treatment from various hospitals at Thiruvananthapuram and incurred expenses for that. The legal representatives of the deceased passenger and the injured passengers had preferred claim petitions as mentioned above before the Tribunal under Section 166 of the Motor Vehicles Act,1988 (for short 'the Act') seeking compensation and by the common award under challenge, compensation has been awarded to the claimants. The autorickshaw was validly insured at the relevant time with the second respondent in all the claim petitions and in view of overloading of the vehicle with excess passengers than the permitted seating capacity, which itself was the cause of the accident, being a fundamental breach of policy conditions, the Tribunal directed the insurer (the second respondent in the claim petitions) to deposit the amount awarded as compensation to various claimants with interest @ 9% p.a. from the date of deposit and thereafter to recover the entire amount from the first respondent in the claim petitions. It is aggrieved by that part of the common award granting recovery right to the insurer from the first respondent, who is none other than the registered owner of the vehicle, that the captioned appeals and the writ petition have been filed by the latter.

(3.) In view of the alternative remedy available to the petitioner in W.P(C) No.4238/2017, to file an appeal, the writ petition is not maintainable. However, since the petitioner has preferred appeals against the award in the claim petitions, we are inclined to consider the writ petition also and to grant the very same relief that is proposed to be granted in the appeals.