IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 MFA.No. 884 of 2002(C) ---------------------- OPMV.1016/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: PETITIONER: ---------------------------------------- SEBASTIAN S/O. OUSEPH, MURINGOTHU HOUSE, PADINJATTUMCHERRY ADINJAREMURI, NADUVILE VILLAGE, VAIKOM, KOTTAYAM. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) SRI.P.I.GEORGEKUTTY RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. BIJUMON S.K. S/O. KUNJAPPAN, SYAMALAYAM, KALIARA P.O., KOTTAYAM DISTRICT. 2. ALEXANDER JOSEPH, VAZHUTHANAPPALLIL HOUSE, MANJOOR. 3. NEW INDIA, ASSURANCE COMPANY LTD., ETTUMANOOR. R1 BY ADV. SMT.GIRIJA.L. R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No.884 of 2002 --------------------------------------- Dated this the 26th day of February, 2008 Judgment Koshy,J. Appellant/Claimant while driving a tempo van met with an accident and sustained serious injuries. He claimed compensation alleging that the accident occurred due to the negligence of the driver of a stage carriage bus insured by the third respondent insurance company. Second respondent is the owner and first respondent is the driver of the stage carriage. It is his case that though he hit behind the bus the accident occurred due to the sudden stopping of the bus. It is his definite case that the accident occurred in front of the K.S.R.T.C. bus stand where stopping of buses are prohibited. The bus suddenly stopped without any signal. In view of the above, while he was coming in a moderate speed, it happened to hit behind the back of the bus. It is true that appellant was charge-sheeted. However, he was acquitted after evidence. It is further submitted that on the basis of the private complaint, F.I.R. M.F.A.No. 884/2002 2 was registered against the bus driver also, but, we note that if he was coming keeping a moderate distance with the bus, the accident could have been averted. The accident occurred in a highway. Buses can stop only at the authorised bus stops and private buses cannot stop in front of the K.S.R.T.C. bus stand and the accident occurred only because of the sudden stopping of the bus. But, if the appellant was vigilant in driving the vehicle by keeping a moderate distance, he could have avoided the accident. Sudden stoppage of the bus is also a negligent act especially at a place where there is no declared bus stop. In these circumstances, we are of the opinion that both drivers were negligent and negligence can be attributed 70% on the part of appellant himself and 30% on the driver of the stage carriage bus insured by the third respondent insurance company. 2. With regard to the quantum of compensation, no data is available for fixing the compensation payable. Therefore, we are remanding the matter to the tribunal. Parties are also allowed to adduce further evidence on the question of quantum of compensation. Out of the compensation calculated, only 30% of the M.F.A.No. 884/2002 3 compensation can be awarded to the appellant. The impugned award is set aside. The appeal is allowed by way of remand. Parties shall appear before the tribunal on 7.4.2008. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 884/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No.884 of 2002 ------------------------------------- Judgment Dated:26th February, 2008