THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This appeal is preferred by the Kerala State Electricity Board (KSEB) aggrieved by the dismissal of O.P.(M.V.) No.13 of 2017 by the Motor Accidents Claims Tribunal, Ottappalam on the ground that the claim preferred by the board is a stale claim.

2. The brief facts necessary for the disposal of this appeal are as follows:

On 28.10.2013 at about 14.25 p.m., the KSRTC bus bearing registration No. KL-15/7306, driven by the 1st respondent in a rash and negligent manner from Koottanad to Pattambi, hit the transformer on the side of the road near the petrol pump at Njangattiri, and due to the impact of the accident, the electric poles and other equipment of the transformer were destroyed thereby causing a loss of Rs.1,55,331/- to the appellant.

3. Claiming compensation for the damages sustained by them for the replacement of the transformer, the appellant approached the Motor Accidents Claims Tribunal, Ottappalam. Since the vehicle was covered with a valid insurance policy, the 3^rd respondent insurance company was also arrayed as a party in the claim petit