IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 MACA.No. 1450 of 2006() ----------------------- OPMV.722/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- NATIONAL INSURANCE CO. LTD., PARCO TOWERS, 4TH FLOOR, P.M.TAJ, CALICUT. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANTS 1 TO 3 & RESPONDENTS 1 & 2: ---------------------------------------------------- 1. PALLIPARAMBAN ABDUL KAREEM, AGED 40 YEARS,S/O.MOHAMEDKUTTY,PALLIPARAMBAN HOUSE MELANGADI POST, KONDOTTY VILLAGE, ERNAD TALUK. 2. MATHUVIL MAMMADEEYA, AGED 60 YEARS, W/O.LATE CHEMBAN MOHAMMED MUSSILIAR, VALIYA PEEDIKAKKAL, KUTTOR, KOORIYAD POST, VENGARA VILLAGE, TIRURANGADI TALUK. 3. MAMMERIYAKUTTY, AGED 65 YEARS, THAZHATHE PALLIYALI, W/O.MOHAMMEDKUTTY, PALLIPARAMBAN, MELANGADI POST, KONDOTTY VILLAGE, ERANAD TALUK. 4. KUTHIYADAN POYILIL ABOOBACKER, AGED 38 YEARS, S/O.AHMED, MAKKADA AMSOM, MORIKKARA DESOM, KAKKODI, KOZHIKODE. 5. K.KRISHNAN, S/O.KADUNGI, KILLIVAYIL HOUSE, POST IRINGALLORE, VENGARA. ADV. SRI.T.K.SAIDALIKUTTY FOR R1 SRI.P.M.KUNJIMOIDEENKUTTY FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 SRI.K.V.GOPINATHAN NAIR FOR R.4,5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2011 ALONG WITH MACA NOS. 1733 OF 2006, 1577 OF 2006, 1160 OF 2007, 28 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.Nos.1450, 1577,1733 OF 2006 & 28, 1160 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2011 JUDGMENT Barkath Ali, J. All these appeals arise out of a common judgment in O.P.(MV) Nos.722/2001, 468/2001,465/2001,1418/2001 & 467/2001 on the file of Motor Accidents Claims Tribunal, Manjeri. Appellant in all these appeals is the third respondent Insurance Company in the O.P.. They challenge the judgment and award of the Tribunal dated January 2, 2006 awarding compensation to the claimants in the O.P. who are the injured and legal heirs of the deceased persons in a motor accident. 2. The accident happened on May 26, 2000 at about 9.15 p.m. while the deceased in O.P.(MV)Nos.465/01, 722/01,1418/201 and the claimant in O.P.(MV)No.468/2001 were travelling in an autorickshaw bearing Reg.No.KL 10/ D 1780 from Kooriyad to Kolappuram. When they reached at Kooriyad, the autorickshaw collided head on with the bus bearing Reg.No.KL 11/C 3987. The deceased persons sustained serious injuries and they succumbed to the injuries sustained while MACA.Nos.1450/2006 & connected cases 2 undergoing treatment in the hospital. Claimant in O.P.(MV) No.1418/2001 sustained serious injuries. The legal heirs of deceased Silmiya who was a student aged 14 filed O.P.(MV)No.465/2001. The injured in the accident, who is a boy aged 11 filed O.P.(MV) No.468/2001. ,The legal heirs of deceased Noushad who was a driver aged 22 filed O.P.(MV)No.722/2001 and the legal heirs of deceased Shabna who was a girl aged 6 filed O.P.(MV)No.1418/2001. 3. All these O.Ps. were jointly tried by the Tribunal and a common award was passed. Respondents 1 to 3 are the driver, owner and insurer of the offending bus. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy, but attributed negligence to the driver of the autorickshaw. 4. PW1 was examined and Exts.A1 to A14 were marked on the side of the claimants. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the first respondent, the driver of the offending bus and awarded a MACA.Nos.1450/2006 & connected cases 3 compensation of Rs.1,60,500/- in O.P.(MV)No.465/2001, Rs.22,077/- in O.P.(MV)No.468/2001, Rs. 1,91,833/- in O.P.(MV)No.722/2001 and Rs.1,60,500/- in O.P.(MV)No.1418/2001 with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.1,000/- in O.P.(MV)No.465/2001, Rs.500/- in O.P.(MV)No.468/2001, Rs.1,000/- in O.P.(MV) No.722/2001 and Rs.1,000/- in O.P.(MV) No.1418/2001. The third respondent Insurance Company has now come up in appeals challenging the finding of the Tribunal regarding the negligence of the first respondent, the driver of the offending bus. 5. Heard the counsel for the appellant/Insurance Company and the counsel for the claimants. 6. The only question which arises for consideration in these appeals is whether the finding of the Tribunal that the accident occurred due to the negligence of the first respondent can be sustained ? 7. It is proved by Ext.A4, copy of the FIR that the police has charged the case against the first respondent. PW1 has also testified regarding the negligence of bus driver. There is no contra evidence on MACA.Nos.1450/2006 & connected cases 4 the side of the appellant Insurance Company before the Tribunal. Therefore, in our view, the Tribunal is perfectly justified in holding that the accident occurred due to the negligence of the first respondent. No other point is argued before us. In the light of the above findings, we find no merit in these appeals and the same are hereby dismissed. No costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.Nos.1450/2006 & connected cases 5