IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 1176 of 2002() -------------------------------- OPMV.523/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: PETITIONER --------------------- V.N.SOMAKESAN, S/O.MADHAVAN, VAZHOOR HOUSE, P.O.VALAPPAD BEACH, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: RESPONDENTS ------------------------ 1. K.S.R.T.C., REP.BY THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 2. RADHAKRISHNAN, S/O. RAGHAVAN PILLAI, CHITTEZHATHU KLAPANA, KARUNAGAPPALLY P.O., QUILON DISTRICT. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1176 OF 2002 (D) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. Appellant, at the age of 72, sustained injuries while he was travelling in a taxi car owned by him. According to the claimant, accident occurred due to the negligent driving of the stage carriage bus owned by the Kerala State Road Transport Corporation driven by the 2nd respondent. His wife was also suffered injuries. Tribunal found that accident occurred due to the negligence of the car driver, and therefore, awarded compensation to his wife from the Insurance company which insured the car. But appellant did not claim compensation from the Insurance company of the car as he himself was the insured. Since the accident is caused due to the negligence of the car owned by him, he was not awarded any compensation to be paid by the K.S.R.T.C. The finding of negligence on the car driver is disputed in this appeal. MFA.1176/02 2 2. After discussing the evidence adduced in this case, tribunal found as follows: “Chavara police has registered a case under the caption 'motor occurrence' based on the F.I.Statement given by PW3. The F.I.Statement and the F.I.R. were marked as Ext.A1. PW3 stated that he had given a statement to the police and admitted his signature in Ext.A1. It is stated in the F.I.Statement that when the car reached the southern side of Chavara Bridge, it suddenly skidded and, loosing the control, went to the right side of the road and then to the front right side of the bus, which was coming from north to south, dashed against the front left body of the car and, due to the impact of the same, the car rotated and stopped hitting a cutting in the western side of the road. It was little raining at that time is also noted in the F.I.Statement. Exts.A2 to A7 are the copies of the other records in the criminal case. It can be seen from Ext.A3, Scene Mahazar, that the National Highway, having a width of 7.10m, lies south-north at the scene place and the accident had occurred at a place on the road which is 2.70m straight towards west from the eastern tarred end of the road. The car was coming from south to north and the bus was going from north to south at the time of accident. Hence, it is quite evident that the bus was on its proper side at the time of accident and the car was running transgressing the midline of the road. This fact shows that the case of PWs.1 and 3 that the accident had occurred on the western portion of the road is not true. PW3 had no case in the F.I.Statement that the bus came overtaking an MFA.1176/02 3 autorickshaw. The presence of an autorickshaw is not at all mentioned in the F.I.Statement. Petitioners were taken to the District Hospital, Kollam after the accident. Exts.A2 and A23 are the copies of the wound certificates of the petitioners. It is specifically noted in these documents that they had sustained injuries because the car dashed against the bus. Exts.A4 and A5 are the copies of the Reports of Inspection of the bus and the car. It can be seen from these documents that no mechanical defects for the vehicles have been noticed. After investigation, the Chavara police has prepared Ext.A6 factual report in which it is stated that the car skidded and, loosing the control, went to the right side and its front left side dashed against the front right side of the bus which was coming from north to south. Ext.A7 is the final report filed by the police before the court in which also the same thing, as stated in Ext.A6, has been stated regarding the accident. There is no case for PWs.1 to 3 that they have preferred any complaint against the facts stated in Exts.A1, F.I.Statement, A6, Factual report, and A7, Final report. That the car skidded and, transgressing the midline, went to the eastern side of the road and its left front portion dashed against the right front portion of the bus as stated in the final report of the police can be accepted in the light of the facts already stated including the facts stated in Ext.A3, Scene Mahazar. The bus was on its proper side. The doctrine of res ipsa loquitur is squarely applicable to the facts of these cases. The case set up by the petitioners and their deposition regarding the accident are only self-serving and cannot be accepted. The evidence of PW3, regarding the cause of accident also cannot be believed. It was little raining at the time of accident. Had the driver of the car been vigilant in such a situation, the car would not MFA.1176/02 4 have skidded and caused the accident. All these facts lead me to the conclusion that the accident had occurred due to the rash negligent driving of the car by its driver who is the 4th respondent in O.P.(MV).No.528/1997.” On going through the oral and documentary evidence to the same, we fully agree with the same. He is not entitled to any compensation from the K.S.R.T.C. as driver of the K.S.R.T.C. or the owner of the bus, K.S.R.T.C., the respondent in the case are not responsible for the accident. There is no merit in this appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1176 OF 2002 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008