MANOJ. K.S. Vs. SASI

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) No.3775 of 2003 on the file of the Motor Accidents Claims, Thrissur. The respondents in the appeal were the respondents before the Tribunal. Pursuant to the orders of this Court on 22.03.2021 the 1st respondent has been deleted from the party array since the 2nd respondent has admitted the insurance policy.

(2.) The concise facts in the claim petition, relevant for the determination of the appeal, are: on 13.04.2001, while the appellant was riding a motorcycle bearing registration KL 11/C 2879 through Guruvayur Temple Inner road, an autorickshaw bearing registration No.KL 08/B 2198 (offending vehicle) driven by the 1strespondent hit the motorcycle of the appellant. He sustained serious injuries and was taken to Tahani Hospital, Guruvayur and, thereafter, to the Royal Hospital, Kunnamkulam, where he was treated as an in-patient for a period of seven days. The appellant was a Karate teacher by profession and a law graduate. He was earning a monthly income of Rs. 7,500/-. The accident occurred solely due to the negligence on the part of the 1st respondent who was the owner and driver of the offending vehicle . The offending vehicle was insured with the 2nd respondent. Hence, the appellant claimed an amount of Rs. 2.00,000/- as compensation from the the respondent.

(3.) The 1st respondent did not contest the proceedings and was set ex-parte.