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2006 DIGILAW 1587 (AP)

MADHAVAN PILLAI v. K. S. R. T. C. LTD.

2006-12-15

K.T.SANKARAN

body2006
K. T. SANKARAN, J. ( 1 ) AT the time of consideration of the application to condone the delay in filing the appeal, records were called for from the m. A. C. T. and the case was posted for hearing the application for condonation of delay as well as the M. F. A. ( 2 ) THE application for condonation of delay was allowed and the M. F. A. was heard. The only ground on which the M. A. C. T. dismissed the original petition is that the driver of the K. S. R. T. C. was not made a party. It is stated in the impugned award that there is no averment in the petition that the accident happened at the time when the driver was in the regular course of employment under the first respondent, k. S. R. T. C. It is stated in the claim petition that the bus was driven by the bus driver in a rash and negligent manner. It is stated in evidence by P. W. 1 /claimant that the accident occurred due to the negligence of the driver of the K. S. R. T. C. bus. The First Information report, scene Mahazar, charge, report of a. M. V. I. , vehicle Mahazar and other records were also produced by the claimant. ( 3 ) THE appendix to the award would indicate that no documentary or oral evidence was adduced before the Tribunal on a perusal of the records, it is clear that the appendix to the award is incorrect. There is no requirement that the claimant should prove that the bus driver was in the regular course of employment in the K. S. R. T. C. It is clear from the petition as well as evidence that the driver was under the employment of the K. S. R. T. C. The dismissal of the claim petition on the ground that the driver was not made a party, is clearly against the decision of the Division Bench reported in anuradha Varma v. State of Kerala, wherein it was held that an application without impleading the driver is maintainable. Therefore, the award passed by the M. A. C. T. is set aside. The Motor Accident Claims tribunal shall dispose off the application on the merits. The parties shall appear before the Motor Accident Claims Tribunal on 15th january, 2007. Therefore, the award passed by the M. A. C. T. is set aside. The Motor Accident Claims tribunal shall dispose off the application on the merits. The parties shall appear before the Motor Accident Claims Tribunal on 15th january, 2007. The Registry shall send back the records to the Tribunal. M. F. A. is allowed as above. - .