IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 829 of 2009() ---------------------- OPMV.2370/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/SECOND RESPONDENT -------------- MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENTS/PETITIONERS & FIRST RESPONDENT --------------- 1. HARSHAN @ SREE HARSHAN, AGED 50 YEARS, S/O. NARAYANAN,VISHNUKRIPA, HOUSE NO.49/145 B, PARAYIL ROAD, ELAMAKKARA, ERNAKULAM (DIED) ( DELETED) 2. M.VALLY, W/O. LATE HARSHAN @ SREE HARSHAN, DO...DO... 3. JAYARAJ, K.S., S/O. LATE HARSHAN, @ SREE HARSHAN @ SREE HARSHAN, DO...DO.... 4. ANURAJ K.S. S/O. LATE HARSHAN @ SREE HARSHAN, DO..DO... 5. MAHENDRAN, THIRUVATHIRA VEETTIL, IDAVATTOM, MAMOODU KARA, KOLLAM ( DELETED) ADDITIONAL RESPONDENT 6. NATIONAL INSURANCE COMPANY DIVISIONAL OFFICE, VAZHUTHACADU NAME OF RESPONDENTS 1 AND 5 DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DATED 11/11/2010 IN I.A.NO.2945/2010 ADDITIONAL RESPONDENT NO.6 IMPLEADED AS PER ORDER DATED 1/12/2010 IN I.A.NO.3230/2010 ADV. SRI.GEO PAUL FOR R2-4 SRI.SANU MATHEW FOR R2-4 SRI.C.R.PRAMOD FOR R2-4 SRI.NOEL JOSEPH FOR R2-4 SRI.M.B.SANDEEP FOR R2-4 SRI.K.V.REJANISH FOR R2-4 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.P.JACOB MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.829 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant, the Managing Director, KSRTC is the second respondent in O.P.(MV)No.2370/2001 on the file of Motor Accidents Claims Tribunal, Ernakulam. Deceased first claimant filed the O.P. before the Tribunal claiming a compensation of Rs.2,50,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. During the pendency of the O.P., he died . Therefore, his widow and children were impleaded as additional claimants 2 to 4. 2. The accident occurred on February 19, 2001 at about 6.30 p.m. While deceased first claimant was crossing the MG road at Ravipuram in Ernakulam, he was knocked down by the KSRTC bus bearing Reg.No.KL-15/4144 driven by the first respondent in the O.P. Alleging negligence against the first respondent, deceased first claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 2,50,000/-. MACA.No.829/2009 2 3. The appellant as well as the first respondent in the O.P. remained absent before the Tribunal. Exts.A1 to A8 were marked on the side of the deceased first claimant. No evidence was adduced by the respondents in the O.P. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the first respondent in the O.P. and awarded a compensation of Rs.1,84,500/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The second respondent, the Managing Director of KSRTC has now come up in appeal contending that the offending bus was insured with the National Insurance Company, Thiruvananthapuram Division by a valid insurance policy and that therefore they may be directed to pay the compensation awarded by the Tribunal. 4. In this appeal, the said Insurance Company was impleaded as additional respondent No.6 . Counsel for additional respondent No.6 fairly conceded that the bus involved in the accident was covered by a valid insurance policy at the time of the accident. That being so, the Insurance Company is bound to indemnify the appellant/second MACA.No.829/2009 3 respondent in the O.P. 5. Therefore, we allow the appeal. As additional respondent No.6/ National Insurance Company is the insurer of the offending vehicle, it shall deposit the compensation amount awarded with interest and cost before the Tribunal within two months from this date. There is another aspect in this case. The appellant remained absent before the Tribunal. Only now the appellant has impleaded the National Insurance Company. Therefore, the Insurance Company is liable to pay interest only from the date of impleadment i.e. 01/12/2010. The 6th respondent shall be liable to pay the interest on the compensation amount awarded only from the date of impleadment of respondent No.6 in the appeal i.e. 01/12/2010 till the date of realisation. The appellant is liable to pay interest on the compensation awarded from the date of O.P. till December 1, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.829/2009 4 MACA.No.829/2009 5