BIJU Vs. LAISON GEORGE

JUDGEMENT

(1.) The petitioner in OP(MV) No.14/2011 on the files of the Motor Accidents Claims Tribunal, Perumbavoor is in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 04.11.2015.

(2.) In his petition under Section 166 of the Motor Vehicles Act, 1988, the appellant stated that while the appellant was riding his motorcycle through the AM Road, Pattal on 27.06.2010, a car driven by the 1 st respondent in a rash and negligent manner came from the opposite direction and hit the appellant's motorcycle. The appellant was thrown on the road and sustained serious injuries. The appellant was taken to MOSC Medical College Hospital, Kolenchery, where he had to be treated for 40 days. The appellant stated that he is a carpenter by profession earning Rs. 7,000/- per month. The accident occurred due to the rash and negligent driving of the offending vehicle by the 1st respondent which was insured by the 2nd respondent.

(3.) Respondents 1 and 2 appeared before the Tribunal. The 2nd respondent-insurer alone filed written statement. The insurance of the offending car was admitted. The 2 nd respondent, however, stated that the 1 st respondent was driving the car with due care and caution and it is the negligence of the appellant that resulted in the accident. The 2nd respondent also denied the claims made by the appellant for compensation under various heads.