IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 859 of 2006 ----------------------------------- OPMV.986/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/5TH RESPONDENT NATIONAL INSURANCE COMPANY LTD., P.B.NO.60, AYSWARYA BUILDING, N.G.47, KAYAMKULAM-690 522. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANTS & RESPONDENT 1 & 2 1. SANTHAMMA, AGED 62 YRS, W/O LATE CHELLAPPAN NAIR, VENU SADANAM, SOORANADU, NORTH ANYADI POST, KOLLAM. 2. K.KARUNAKARAN NAIR, AGED 47 YRS, S/O. NANU KURUP, PUTHENPURACKAL HOUSE, THENGAMAM POST, THENGAMAM, PATHANAMTHITTA. 3. SOORAJ K. NAIR (MINOR), AGED 17 YRS, DATE OF BIRTH 19.5.1981 & NOW MAJOR S/O. K.KARUNAKARAN NAIR, PUTHENPURACKAL HOUSE, DO. DO. 4. NISHA K. NAIR (MINOR), AGED 15 YRS, (DOB 9.12.1984) NOW MAJOR D/O. K.KARUNAKARAN NAIR, PUTHENPURACKAL HOUSE, DO. DO. (THE RESPONDENTS 3 & 4 THE MINOR CLAIMANTS WERE REP. BY THEIR FATHER AND NEXT FRIEND R2 HEREIN-NOW AS PER THE DECLARED AGE THE MINORS HAVE ATTAINED MAJORITY.) 5. KERALA STATE ROAD TRANSPORT CORPN. REP. BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. 6. PRABHAKARAN NAIR, S/O. GOVINDA PILLAI, SUJATHA NIVAS, KUNNUMPURAM KARA, EDAPPALLY NORTH, PIN-682 024. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SRI.V.K.GOPALAKRISHNA PILLAI FOR R1 TO 4 SRI.GOPAKUMAR.G. FOR R1 TO 4 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R5 SHRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.859 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March 2010 JUDGMENT Basheer, J. This appeal is at the instance of the insurer of one of the vehicles involved in an accident resulting in the death of a lady aged about 40 years. The mother, husband and the minor children of the deceased lady laid the claim petition before the Tribunal contending inter alia that the owners, drivers and insurers of the two vehicles were jointly and severally liable to compensate them. 2. The mishap occurred on December 20, 1998 when the car in which the deceased lady was traveling, collided with a bus belonging to Kerala State Road Transport Corporation. The Tribunal, after considering the oral and documentary evidence on record, found that the drivers of the two vehicles were negligent and accordingly directed that the owner, driver and insurer of the two vehicles do pay a total sum of Rs.1,90,000/- as compensation with 7% interest per annum from the date of application till the date of realization. 3. The above award is impugned by the insurer of the car involved in the accident contending that the Tribunal committed serious illegality in failing to apportion the liability in percentage terms. According to the learned counsel, the Tribunal should have specified the percentage of M.A.C.A.No.859 OF 2006 :: 2 :: liability of the appellant/insurance company in the award itself. 4. The operative portion of the award will show that the Tribunal has made it clear that KSRTC and the appellant “are equally liable” to compensate the petitioners. We do not think that there is any ambiguity in this regard. It is clear from the award itself that the liability of the appellant/insurer is 50%. 5. Learned counsel for the appellant submits that in view of the above clarification, no further reliefs are sought for in the appeal. Appellant shall deposit 50% of the amount awarded by the Tribunal within one month from the date of receipt of a copy of this judgment, if it has not already been done so. The Corporation shall also deposit its share within one month. The appeal is closed with the above clarification/direction. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes