(1.) VELUNNI , fourth respondent in M.A.C. No. 239 of 1981 and 242 of 1981 is the appellant in M.F.A. No. 601 of 1983 which is preferred against the judgment in M.A.C. No. 242 of 1981 filed by legal representatives of Mohandas. Legal representatives of Pangunni, petitioners in M.A.C. No. 239 of 1981 are the appellants in M.F.A. No. 638 of 1983. They are not parties to M.A.C. No. 242 of 1981 and M.F.A. No. 601 of 1983.
(2.) ON 7 -61981 at about 515 p.m. when Pangunni was driving from south to north motorcycle KLR 1736 with Mohandas on the pillion at Cherampadam in Kinasseryamsom in Palghat Taluk, stage carriage bus KLP 7933 came from the opposite direction and bit the motorcycle which along with the driver and the pillion rider was dragged over a distance. Both of them sustained fatal injuries and died. Owner, driver and insurer of the bus were impleaded as respondent Nos. 1 to 3 respectively in both the claim petitions. Velunni, owner of the motorcycle, and the insurer of the motorcycle were impleaded in both the claim petitions as respondent Nos. 4 and S respectively. Claimants contended that the occurrence was the result of rash and negligent driving by the driver of the stage carriage bus and, therefore, the owner, driver and the insurer were liable to pay compensation.
(3.) BOTH the petitions were tried together. The Tribunal held that Pangunni as well as the driver of the bus KLP 7933 were driving their vehicles rashly, negligently and it was a case of composite negligence, that is, contributory negligence on the part of Pangunni. The Tribunal assessed the responsibility of Pangunni at 50 per cent. Total compensation in regard to death of Pangunni was assessed at Rs. 38,550/ -, though award was passed against the owner, driver and insurer of the bus only for half the amount. According to the Tribunal, Pangunni's dependants were not entitled to collect the balance 50 per cent, which is related to contributory negligence of Pangunni. The Tribunal fixed the compensation due to the widow and children of Mohandas at Rs. 41,480/ - and directed payment in equal moieties on the basis of composite negligence of the drivers of the two vehicles. The Tribunal held that Mohandas was a gratuitous passenger on the motorcycle and the insurer of the motorcycle has no liability regarding his death. Half the amount due to the legal representatives of Mohandas payable on account of the negligence of Pangunni was directed to be paid by Velunni, owner of the motorcycle and the other half by the owner, driver and insurer of the bus.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN