MANOJ Vs. SATHEESH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dtd. 27/11/2023, passed in MACA No. 2583 of 2015 by the High Court of Kerala at Ernakulam, which in turn was preferred against the award dtd. 31/1/2015 passed in OP(MV) No.44/2005 passed by the Motor Accidents Claims Tribunal, Mavelikara and Addl. District & Sessions Judge-III.

(3.) The brief facts giving rise to the present appeal are that on 18/6/2004, the claimant-appellant, aged 30 years, was riding as a pillion rider on a motorcycle bearing registration no.KL-01-K-5752 (offending vehicle). Upon reaching near Parayankulam Junction, Respondent No.1, who was riding the offending vehicle, suddenly, without any cause, applied the brakes causing the claimant-appellant to be thrown off the vehicle. As a result, he sustained grievous injuries and had to be admitted to various hospitals for treatment.