T.N.VALLINAYAGAM, J. - (1.) IN both the appeals preferred by the owner challenging the liability of the insurance company as well as the negligence that has fastened on the driver as well, two points are raised: (1) Whether the finding of negligence in respect of the other two connected cases can be construed as res judicata so as to bind the owner in the third case? (2) Whether the liability of the insurance company can be fastened on them in the light of the dictum of the Supreme Court in Smt. Mallawwa Etc. Vs. The Oriental Insurance Co. Ltd. and Ors., AIR 1999 SC 589 .
(2.) THE accident in question is not in dispute and the quantum of compensation is also not in dispute in both the appeals. So far as the first point is concerned, it is seen from the cause title of the award of the Tribunal itself that there were three cases in MVC Nos. 244 of 1989, 245 of 1989 and 732 of 1989, preferred by various claimants who had injured in the accident in question and all the three cases G. Raju, the appellant in both the cases, was made as third Respondent. The issue raised in both the Tribunal is as follows: Whether the accident on 19.12.1988 involving truck No. MYN 4489 and Luxury bus No. MYT 6489 resulting in the death of deceased and injury to the Petitioner is attributable to actionable negligence on the part of either of the drivers or both of them in the course of their employment under Respondents 1 and 3 respectively?
(3.) THE finding rendered by the Tribunal is as follows: Therefore, for the reasons stated above, I hold that the accident has taken place due to the fault of drivers of both the vehicles and their negligence for causing the accident is at the ratio of 50:50 and further that the two deceased died and the injured Petitioner sustained injuries in the accident.;