IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 MFA.No. 1544 of 1996(D) ------------------------------------ OPMV.903/1982 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT - NOT PARTY IN THE TRIBUNAL: ----------------------------------------------------------- UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY THE MANAGER, MOTOR THIRD PARTY CLAIMS OFFICE, JOS JUNCTION, ERNAKULAM. BY ADV. SRI.D.S.WARRIER SRI.SREELAL N. WARRIAR RESPONDENTS - PETITIONER & RESPONDENTS: ----------------------------------------------------------------- 1. SANTHA, W/O. SADANANDAN, KOTHALITHARA HOUSE, CALLED AS AMBALAM THARA HOUSE VANDANAM MURI, PUNNAPRA VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA. (*)2. THE MANAGING DIRECTOR, K.S.R.T.C., ALAPPUZHA. (NAME CORRECTED) (**)3. R. AYYAPPAN NAIR, VADAKKUM KARA PUTHEN VEEDU, PUNNAMANGALAM DESOM, NEMOM, TRIVANDRUM (DELETED) (*)THE NAME OF THE SECOND RESPONDENT IS CORRECTED AS THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM AS PER ORDER DATED 3.10.2007 IN I.A. NO.2169 OF 2007. (**)NAME OF R3 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 19.12.2007 IN I.A. NO.3032 OF 2007. BY ADV. SRI.JOSEPH MARKOSE R1 BY ADV.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY R2 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.1544 of 1996 ------------------------------------------------- Dated, this the 2nd day of January, 2008 JUDGMENT The United India Insurance Company who was originally made as a party to O.P.(MV) No.903/1982 on the file of the Motor Accidents Claims Tribunal, Alappuzha and subsequently deleted from the party array had filed this appeal after obtaining special leave from this Court. First respondent filed an Original Petition claiming compensation alleging that she sustained injuries in a motor vehicle accident. It was averred that she was a passenger in a tempo van bearing registration No.KLY 1484 and when the tempo van reached near siva temple, Pattanakkad a stage carriage bus bearing registration No.KLX 3654 owned by the second respondent in this appeal and driven by the third respondent who was subsequently deleted from the party array hit against the tempo van and she sustained injuries. Initially there were five respondents. During the course of trial the owner, driver and insurer of the tempo van were deleted from the party array and the case was proceeded against the owner and driver of the stage carriage bus alone. Tribunal found that the applicant was entitled to get Rs.48,000/- as compensation. It directed the owner and driver of the stage carriage bus to pay the entire amount. But it was observed that a remedy is available to them to recover the proportionate amount from the owner, driver and insurer of the tempo van. The challenge in this appeal is only regarding that observation. MFA No.1544/1996 -: 2 :- 2. There is no finding that the driver of the tempo van was negligent and the accident occurred due to his negligence also. Though the owner, driver and insurer of the tempo van were made parties to the Original Petition, subsequently they were removed from the party array. Hence the Tribunal was not at all justified in issuing a direction that respondents 1 and 2 in the Original Petition can recover the proportionate amount from the owner, driver and insurer of the tempo van. So that direction is to be set aside. In the result, appeal is allowed in part. That part of the award by which the Tribunal issued a direction that the owner and driver of the stage carriage bus can recover the proportionate amount from the owner, driver and insurer of the tempo van is hereby set aside. K. PADMANABHAN NAIR, JUDGE. cks MFA No.1544/1996 -: 3 :- K.PADMANABHAN NAIR, J. M.F.A.No.1544 of 1996 JUDGMENT 2nd January, 2008.