SULAIMAN Vs. THOTTIPARAMBIL ALIPA

JUDGEMENT

(1.) This appeal is at the instance of the claimant in a petition filed under Section 166 of the Motor Vehicles Act 1988. The Tribunal quantified the compensation receivable by the Appellant at ' 3,90,100/- and held that the Appellant would be entitled to recover only ' 1,37,950/- from the insurer of the vehicle out of the said amount Appellant was directed to recover the balance amount of compensation from the driver and owner of the vehicle. The above award is under challenge in this appeal.

(2.) The case of the Appellant before the Tribunal may be briefly noticed:

(3.) On June 9, 1997, the Appellant was travelling in a lorry bearing registration No. KRP 3315 which was owned by Respondent No. 2 herein. He was travelling in the said lorry in his capacity as a "coolie worker". While the lorry was ascending a steep hill, Respondent No. 1, the driver, apparently lost control and the vehicle started to run backwards. The driver jumped out of the cabin leaving the Appellant helpless in the vehicle which capsized with the load of laterite stones. The Appellant sustained grievous injuries as he was trapped under the load of laterite stones. Appellant alleged that the accident occurred because of the rash and negligent driving of the vehicle by the driver. Therefore he instituted the petition for compensation against the owner, driver and the insurer of the vehicle claiming a total sum of ' 10 lakhs, as amended later.