MANIKANTAN G. Vs. K.JANARDHANAN NAIR

JUDGEMENT

(1.) The appellant was the petitioner in O.P(MV) 1772/2002 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. The respondents in the appeal were the respondents 1, 2 and 4 before the Tribunal. At the instance of the appellant, the third respondent in the appeal was deleted from the party array. The parties are, therefore, referred to as per their status before the Tribunal.

(2.) The facts in a nutshell, relevant for the determination of the appeal, are: on 17.6.2002, while the petitioner was riding a motorcycle bearing registration No.KL-11/F-6600 from the Vazhuthacaud to Pangode, when he reached the Sree Mulam Club junction in the Vazhuthacaud Vellayambalam road, Thiruvananthapuram, a car bearing registration No.KRF- 5787 (car), owned and driven by the first respondent in a rash and negligent manner, hit the motorcycle. The petitioner was thrown on to the road and he sustained serious injuries, including a compound fracture. The car was insured with the second respondent. The respondents 3 and 4 were the owner and insurer of the motorcycle. The petitioner was a driver by profession and earning a monthly income of Rs.5,500/-. He claimed an amount of Rs.2,00,000/- as compensation from the respondents, under Sec.166 of the Motor Vehicles Act, 1988.

(3.) The respondents 1, 2 and 4 contested the proceeding by filing separate written-statements. The first respondent contended that the accident occurred due to the negligence of the petitioner. The second respondent took the stand that it was the petitioner who hit his motorcycle on the rear side of the car, which was waiting for the green light at the traffic signal. Even though the petitioner had given a false first information statement, the City Traffic Police filed a refer charge. Hence, the second respondent is not liable to indemnify the first respondent. The fourth respondent stated that the accident occurred due to the negligence of the 1st respondent. Hence, the fourth respondent may be exonerated.