JASEENTHA Vs. SAJAN AND OTHERS

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No. 1396 of 2001 on the file of the Motor Accidents Claims Tribunal, Kollam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained in a motor accident, which occurred on 10.05.2001, involving a mini lorry bearing registration number KL-4/F-4392, driven by the 1 respondent, owned by the 2 respondent and insured with the 3 respondent. The Tribunal, by a common award dated 24.04.2008 in O.P. (MV) No. 1396 of 2001 and connected cases, dismissed the claim petitions on the ground that the claimants failed to prove negligence alleged against the 1 respondent, who is the driver of the mini lorry. As it was proved that the accident took place because of skidding of Tata Sumo vehicle bearing registration No. KL-01/5042 driven by the 4 respondent, owned by the 5 respondent and insured with the 6 respondent, in which the claimants were travelling, no negligence can be attributed against the 4 respondent. The award passed by the Tribunal is under challenge in this appeal.

(2.) On 20.01.2011 consolidated notice in the delay condonation application as well as in the appeal was ordered to the respondents by speed post. Service of notice is not complete on the 1 respondent as the proof of delivery card returned without signature. Pursuant to the order of this Court dated 03.10.2019, the proof of delivery card of the notice sent to the 1 respondent by speed post is incorporated in the judge's papers.

(3.) The learned Assistant Solicitor General of India, who appeared pursuant to the order of this Court dated 11.10.2019, placed reliance on Rules 64 and 66B of the Indian Post Office Rules, 1933.