USMAN P.K. Vs. RAJESH KUMAR P.S.

JUDGEMENT

(1.) The appellant was the claimant in OP(MV) No.604/2010 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondents in the appeal were the respondents in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The petitioner had filed the claim petition through his next friend - his wife - under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries that he sustained in a motor accident that took place on 4.10.2009.

(3.) The case of the petitioner, in brief, in the claim petition is that, on 4.10.2009, while he was riding the motor cycle bearing registration No.KL-39/580 along the Aroor- Vyttila stretch of NH-47, when he reached near Nettoor junction, Ernakulam, a bus bearing registration No.KL-04K9090 (offending vehicle) driven by the first respondent hit the motor cycle. The second respondent is the owner and the third respondent is the insurer of the offending vehicle. The petitioner sustained serious injuries and was taken to the Lakeshore Hospital, Ernakulam. The accident occurred due to the rash and negligent driving of the offending vehicle by the first respondent. The petitioner was running a ready made garment shop and doing real estate business. He had a monthly income of Rs.75,000/-. The respondents are liable to pay compensation to the petitioner, which he quantified at Rs.50,00,000/-.