BALAKRISHNAN NAIR Vs. P. VIJAYAN KEEZHE ELANKAM VEEDU

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No.1300 of 1996 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, 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 13.05.1996. The accident occurred near the traffic island at Sasthamangalm in Thiruvananthapuram. At the place of the accident, the appellant, who was a pedestrian, was knocked down by an autorickshaw bearing Registration No.KL-01/3159, owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. Alleging that the accident occurred due to rash and negligent driving of autorickshaw by the 2nd 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, the 1st respondent filed written statement contending that the accident occurred due to the negligence of the appellant. The 1st respondent pointed out that the vehicle was covered by a valid insurance policy issued by the 3rd respondent insurer.

(3.) The 3rd respondent insurer filed written statement admitting insurance coverage of the autorickshaw involved in the accident; however denying negligence alleged against the 2 nd respondent driver. The insurer took a contention that the accident occurred due to the negligence of the appellant, who carelessly crossed the road.