ORIENTAL FIRE AND GENL. Vs. K.V. MATHEW

JUDGEMENT

(1.) RAJAN Mathew was standing on the northern side of the road on 5.11.1980 at 9.30 a.m. Bus KLU 6573 came along the road driven in a rash and negligent manner and struck him down and he died instantaneously. His father filed a claim petition for compensation under Section 110-A of the Motor Vehicles Act against the driver, owner and insurer of the vehicle. Subsequently mother of the deceased was impleaded as second claimant. Their claim was to the tune of Rs. 1,00,760/-. Claim was opposed by the driver and insurer of the vehicle. The Tribunal accepted the genuineness of the case and passed an award for Rs. 54,000/- with interest and proportionate costs. This appeal is now filed by the insurer.

(2.) THE first contention urged by learned counsel for the appellant is that there was collusion between the claimants on the one hand and owner and driver on the other hand before the Tribunal. No such complaint appears to have been made before the Tribunal. Owner was, no doubt, ex parte, but the driver engaged counsel, filed written statement and cross-examined PWs 1 to 3. Prima facie, there is no support for the allegation of collusion. At any rate, there is nothing to show that the appellant sought permission of the Tribunal to raise defences on behalf of the insured. This contention is of no moment.