SATHEESH KUMAR Vs. ANEESH AND ORS.

JUDGEMENT

(1.) The petitioner in OP(MV) No.756/2010 on the files of the Principal Motor Accidents Claims Tribunal, Kozhikode is in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 26.07.2011.

(2.) The appellant in his OP(MV) stated that he was travelling in a bus bearing No.KL-11L-1071 on 31.12.2009 from Eangapuzha to Kodanchery. The bus was driven in a rash and negligent manner with over speed. When it reached Mar Baselious English Medium School, the bus was capsised. The appellant sustained serious injuries and was treated at Medical College Hospital, Kozhikode. The accident occurred solely due to the rash and negligent driving of the 2nd respondent-driver. The appellant claimed Rs.7 lakhs as compensation from respondents 1 to 3, who are the RC owner, bus driver and the insurer respectively.

(3.) The 3rd respondent-insurer opposed the OP(MV) filing written statement. The insurance coverage on the bus was admitted. The 3rd respondent disputed the negligence alleged against the driver. It was further urged that the bus driver had no valid driving licence at the time of the accident and hence the 3rd respondent is not liable to pay compensation.