JAYANANDAN Vs. VARKEY

JUDGEMENT

(1.) Leave Granted.

(2.) This Appeal is directed against the Judgment and Order, dtd. 19/6/2024 passed in M.A.C.A. No.93/2019 by the High Court of Kerala at Ernakulam, which, in turn, was directed against Award, dtd. 21/7/2017 in O.P.(MV) No.1009/2007 of the Motor Accidents Claims Tribunal, Thrissur.

(3.) On 15/2/2005, the Claimant-Appellant, who was a Diamond Cutter by profession, was travelling East bound through Kunnamkullam- Wadakkanchery, when his Motorcycle bearing Registration No.KL-08-J 8556 collided with an Auto Rikshaw bearing No.KL-08-C-6658, due to the alleged rashness and negligence of the Auto Rikshaw Driver. He suffered grievous injuries and a case, FIR No.51/2005 under Ss. 279, 337 & 338 Indian Penal Code, 1860 was registered at P.S. Erumaetty, Thrissur. The Claimant-Appellant suffered a complete loss of vision in one eye.