V.K.SREEDHARAN Vs. P.V.JOSE

JUDGEMENT

(1.) The 3rd respondent in O.P.(M.V.) No.229 of 2011 of the Motor Accidents Claims Tribunal, Wayanad (in short Tribunal) is the appellant. The 1 st respondent in the appeal was the claimant and respondents 2 and 3 were the respondents 1 and 2 in the claim petition. The parties are, for the sake of convenience, referred to as per their litigate status in the claim petition.

(2.) The petitioner had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation of Rs.5,00,000/- on account of the injuries that he sustained in an alleged accident that took place on 19.11.2007.

(3.) The case of the petitioner, in brief, in the claim petition was that, on 19.11.2007, while he was crossing the road on the National Highway - 212 at Vythiri, the auto rickshaw bearing Regn. No. KL-18/A-5771 (hereinafter referred to as "vehicle") driven and owned by the 1st respondent, in a rash and negligent manner, hit the petitioner and he sustained injuries. The petitioner was admitted and treated in a nearby hospital. The 2 nd respondent was the insurer of the vehicle and the 3rd respondent was the insured. The respondents are jointly and severally liable to pay the compensation.