BABY JOSEPH Vs. BRANCH MANAGER

JUDGEMENT

(1.) The petitioner in OP(MV) No.1230/2015 on the files of the Motor Accidents Claims Tribunal, Thalassery is in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 08.11.2017.

(2.) The appellant in his OP(MV) filed under Section 166 of the Motor Vehicles Act, 1988, stated before the Tribunal that on 21.01.2015 while he was riding a motorcycle bearing No.KL-13K-1617, an autorickshaw bearing No.KL- 58H-5321 came from rear side and hit the motorcycle. Consequent to the accident, the appellant suffered grievous injuries including dislocation and fracture of right shoulder, fracture of fourth and fifth metacarpal, crush injury on the right hand, lacerated wound on the hand, etc. The appellant was taken to Amala Hospital, Iritty and thereafter to Mission Hospital, Thalassery. He remained there as inpatient from 21.01.2015 to 31.01.2015. The appellant alleged that the accident was consequent to negligent driving of the autorickshaw. The appellant claimed Rs. 3,00,000/- under various heads.

(3.) The owner of the autorickshaw remained ex parte before the Tribunal. The driver filed a written statement admitting the accident but disputing his negligence. The respondent-insurer admitted insurance coverage in their written statement. The respondent-insurer alleged that the accident was as a result of rash and negligent driving of the motorcycle by the appellant.