PARAMESWARAN Vs. M.P.TOMY

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No.537 of 2006 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 05.05.2005, while he was standing on the side of a public road. At the place of accident, he was knocked down by a tempo van bearing registration No.KL-8/C-8116, owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. In the accident, he sustained injuries. Alleging that the accident occurred due to the rash and negligent driving of the tempo van by the 2 nd respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.5,00,000/- under various heads.

(2.) Before the Tribunal, respondents 1 and 2 remained absent and they were set ex parte.

(3.) The 3rd respondent insurer filed written statement admitting insurance coverage of the tempo van involved in the accident; however, denying negligence alleged against the 2nd respondent driver. Though the insurer raised a contention that the tempo van was not having a valid fitness certificate, the Tribunal found no materials to substantiate the said contention.