The United India Insurance Company who was originally made as a party to O.P.(MV) No.903/1982 on the file of the Motor Accidents Claims Tribunal, Alappuzha and subsequently deleted from the party array had filed this appeal after obtaining special leave from this Court. First respondent filed an Original Petition claiming compensation alleging that she sustained injuries in a motor vehicle accident. It was averred that she was a passenger in a tempo van bearing registration No.KLY 1484 and when the tempo van reached near siva temple, Pattanakkad a stage carriage bus bearing registration No.KLX 3654 owned by the second respondent in this appeal and driven by the third respondent who was subsequently deleted from the party array hit against the tempo van and she sustained injuries. Initially there were five respondents. During the course of trial the owner, driver and insurer of the tempo van were deleted from the party array and the case was proceeded against the owner and driver of the stage carriage bus alone. Tribunal found that the applicant was entitled to get Rs.48,000/- as compensation. It directed the owner and driver of the stage carriage bus to pay the entire amount. But it was observed that a remedy is available to them to recover the proportionate amount from the owner, driver and insurer of the tempo van. The challenge in this appeal is only regarding that observation.
