Judges : J.B.KOSHY,K.HEMA
Shaju @ Shaji, Thrissur - Appellant
Versus
A.V.Babu, Thrissur District - Respondent
Case No : MFA.No.1543 of 2001, 17 of 2002, 188 of 2002, 215 of 2002 and 341 of 2002
Decided On : 10/01/2007
Advocates Appeared :
For the Appellant : P.V. Chandra Mohan, T. Venugopalan, Advocates. For the Respondents: Rajan P. Kaliyath, Advocate.
Motor Vehicles Act 1988 - Sections 163A and 166 - Appellant suffered personal injuries while travelling by the bus by a mob attack - It was alleged in the petitions that the driver was warned by some people that some people were waiting near the High School armed with weapons - It was further contended that they were attacked only after they had got down from the bus - The petitioners did not sustain injuries in a road traffic accident but because of the attack of some miscreants - There was no negligence on the part of 1st or 2nd respondents - Hence they denied the liability of paying compensation - Held, Tribunal found that driver or owner of the vehicle was found not negligent or in any way responsible for the accident - Appeals dismissed.
Koshy, J.
All these appeals are filed by the claimant from a common award of Motor Accidents Claims Tribunal. Appellant suffered personal injuries while traveling by the bus bearing registration No. KL S-1629 on 7.6.1995. The Vehicle was proceeding along the Puthur-Marottichal public road from west to east. When the bus reached in front of the High School, Puthur, a group of people armed with dangerous weapons like sword, sticks and country bombs blocked the bus and they attacked the passengers of the bus. They threw country bombs into the bus and in the blast the bus was damaged and the petitioners who were sitting inside the bus were injured. They were hospitalized and now they are permanently disabled. According to the petitioners, the incident took place due to the negligence of the 2nd respondent, who was driving the bus. It is alleged in the petition that even prior to the incident, the driver was aware that the incident would take place. It is further alleged in the petitions that the driver was warned by some people when the bus reached at Puthur Centre that some people were waiting near the Puthur High School armed with weapons. Had the driver been cautions and taken care not to take the vehicle to the incident spot, this accident could have been avoided. The 1st respondent was the registered owner of the bus and it was insured with the 3rd respondent Insurance company. The 1st respondent filed written statement admitting that petitioners traveled in the bus in question on 7.6.1995. But the injuries of the petitioners not arose out of the use of a motor vehicle. According to them, the miscreants were waiting with weapons in order to attack the petitioners. It was further contended that they were attacked only after they had got down from the bus. So, according to them, it was in no way connected with any negligence on the part of the 2nd respondent, driver. The accident had no connection with the use of the vehicle. It was also pointed out that no criminal case was registered against the 2nd respondent for rashness and negligence. The petitioners did not sustain injuries in a road traffic accident but because of the attack of some miscreants. There was no negligence on the part of 1st or 2nd respondents. Hence they denied the liability of paying compensation. The 3rd respondent Insurance Company filed written statement taking similar contentions. They also contended that since there was no road traffic accident they are not liable to pay compensation though they have admitted the policy of the bus.
2. Only four claimants were examined in support of the claim petitioners. No independent evidence was adduced to show that even before the incident occurred driver was warned by local people that miscreants were waiting to attack the bus etc. Conductor of the bus was examined to prove that driver of the bus was driving the vehicle in the normal route. When the bus reached at the incident spot, the mob asked the driver to stop the vehicle. But, he was not willing to stop the bus. But the bus was blocked and attack started and somebody tried to inflict a sword cut on the 2nd respondent, since he was not willing to stop the bus. But, fortunately that cut fell on the door by the side of the driver. So, he had no alternative but to stop the bus. It was at that time, the violence started.
3. Ext.A1 was produced by the appellants to prove the case whether the F.I. Statement is in connection with the claim. It was given by claimant in O.P. No.1382/1996. Tribunal after considering the F.I. Statement found as follows:
“It can be discerned from the F.I. Statement that all the petitioners are D.Y.F.I. workers and the persons who attacked the bus were B.J.P. workers. According to the statement given by him before the police he along with 29 DYFI workers were returning by the bus involved in this incident. The bus was proceeding towards Marottichal. When the bus reached in front of the High School, Puthur, certain BJP workers arm
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