1 This appeal is at the instance of the 1st respondent, the General Manager, K.S.R.T.C., Trivandrum, in O. P.(MV) 339/1985 before the M.A.C.T., Alappuzha. The United India Insurance Co. filed the O. P. claiming an amount of Rs. 15603.71 from the appellant towards compensation. The tribunal allowed the claim. Aggrieved by the above order, the K.S.R.T.C. has come up in appeal.

2 On 17.10.1982 there occurred a motor traffic accident at the national highway at Thuravoor, in Cherthala taluk. A K.S.R.T.C. Fast Passenger bus bearing No. N-656 collided with a Bajaj Matador Tempo Van bearing No. KLY 5266 causing extensive damage to the van. It was alleged that the accident was solely due to the rash and negligent driving of the K.S.R.T.C. bus by its driver. It was alleged that the police registered a case, preferred a charge sheet against the driver of the K.S.R.T.C. Bus and later he was convicted and sentenced by the Judicial First Class Magistrate's Court, Cherthala. The van was insured with the United India Insurance Co. and the policy was a comprehensive one. The owner of the tempo van preferred a claim before the insurer and the damage caused to the tempo van was assessed and an amount

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