NEW INDIA ASSURANCE CO. LTD Vs. THANKAMMA PHILIPOSE

JUDGEMENT

(1.) Third appellant in O. P. (MV) 143 of 1986 on the file of the Motor Accidents Claims Tribunal, Alleppey, is the appellant. The appellant is the insurer of a stage Carriage bearing Registration No. K. L. A. 9595. The claimants in the original petition are the legal heirs of one Philipose. On 5-11-1985 at about 6.30 p.m. deceased Philipose was walking along Kodukulanji - Chengannur public road. While so, a bus "Rajimary" driven by the first respondent before the Tribunal came from behind and hit deceased Philipose. Deceased fell on the road and sustained fatal injuries. The first respondent sped away the vehicle without caring for the injured. The claimants moved the Tribunal for a total compensation of Rs. 2,17,800/-.

(2.) The first respondent driver and the 2nd respondent owner of the bus completely denied the incident. According to them bus K. L. A. 9595 did not involve in any accident on 5-11-1985. They also produced the trip sheet and other documents to show that the bus was plying in the route regularly on that day and according to them this was a case of mistaken identity. On the claimants side PWs 1 to 5 were examined and RW 1 to 3 were examined on the side of the respondent.

(3.) Relying on the evidence of PWs 2 to 4 and also on the basis of the F. I. R. inquest report, post mortem report and the scene mahazar, the Tribunal held that is was bus K. L. A. 9595 which hit against the appellant and knocked him down. The Tribunal found that the first respondent was negligent in driving the vehicle.