A.S. SASI Vs. T.K. RAMESH

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) No.3149 of 2002 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents in the appeal were the respondents before the Tribunal.

(2.) The concise facts in the claim petition, relevant for the determination of the appeal, are: on 26.06.2002, while the appellant was riding a bicycle through Palakkad - Thrissur National Highway, when he reached in front of Dayana Hotel, a Jeep bearing registration No.KL 07/H 738 (offending vehicle) driven by the 2nd respondent in a rash and negligent manner at excessive speed came from the same direction and hit the bicycle. The appellant fell on the road and sustained serious injuries on his back bone including a fracture on his L1 vertebra. He was treated at Elite Mission Hospital, Koorkanchery for a period of five days from the date of accident. The appellant was a Hotel employee and was earning a monthly income of Rs.4,500/-. The Jeep was owned by the 1st respondent and insured with the 3rd respondent. Hence, the respondents were liable to pay compensation to the appellant, which he quantified at Rs.2,28,000/-.

(3.) The respondents 1 and 2 did not contest the proceedings and were set ex-parte.