K.M. NITHEESH Vs. RAGHAVAN

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) No.3456 of 2002 on the file of the Principal Motor Accidents Tribunal, Kozhikode. The respondents in the appeal were the respondents in the claim petition.

(2.) The facts in brief in the claim petition, relevant for the determination of the appeal are: the appellant, a 12 year old boy, while travelling in an autorickshaw bearing registration KL 11/G 8240 on 29.09.2002 along the Cheekilodu-Koomulli road, the Bus bearing registration No. KL11/P/5509 (offending vehicle) came at high speed and hit the auto rickshaw. The offending vehicle was owned by the 1st respondent and insured with the 3rd respondent. The appellant sustained serious injuries including a comminuted fracture L/3 of the shaft femur (Rt) fracture Supra malleolus right leg and fracture maxilla. The appellant was treated as an in-patient at the Medical College Hospital, Calicut from 29.09.2002 to 05.11.2002. The accident occurred on account of the negligence on the part of the driver of the Bus. Therefore, the appellant claimed a compensation of Rs. 4,00,000/- from the respondents, but limited it to Rs. 2,00,000/-.

(3.) The owner of the auto rickshaw was also impleaded as the 2nd respondent.