NATIONAL INSURANCE CO.LTD. Vs. SHAJI .V.P.

JUDGEMENT

(1.) The appellant is the 3rd respondent in OP(MV) No.962/2012 on the file of the Motor Accident Claims Tribunal, Pala. The respondent in the appeal was the petitioner 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 compensation on account of the accident that took place on 22.2.2012. It was his case that, while he was riding a scooter bearing Reg. No.KL-05 AC 5905 on the Chethipuzha road, the bus bearing Reg.No.KL5/T-3699, owned by the 1st respondent and driven by the 2nd respondent in a rash and negligent manner, hit the scooter of the petitioner. The petitioner fell down and sustained grievous injuries.

(3.) According to the petitioner, it was only due to the rash and negligent driving of the 2 nd respondent that the accident took place. Therefore, the respondents were jointly and severally liable to compensate the petitioner. He claimed a total amount of Rs.8,56,500/- which was limited to Rs.8,00,000/-.