K.KARUNAKARAN Vs. NARAYANA KURUP

JUDGEMENT

(1.) E appellant was the petitioner in OP(MV) No.1958/2002 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikkode. The respondents in the appeal were the respondents in the claim petition.

(2.) The concise facts in the claim petition, relevant for the determination in the appeal are, on 29.03.2002, while the appellant was travelling in a bus bearing registration No.KL-11-J-3159 from Kozhikkode to Thiruvambadi, when the bus reached Manippuram bridge and was attempting to overtake another lorry which was moving on the same direction, the bus hit an electric post. As a result of the accident the appellant sustained serious injuries including a fracture. The appellant was treated at the Medical College Hospital, Kozhikkode as an inpatient from 29.03.2002 to 06.04.2002. The appellant was a rubber tapper by profession and earning a monthly income of Rs.3,000/-. The accident occurred solely due to the negligence on the part of the driver of the bus, which was owned by the 1st respondent and insured with the 2nd respondent. The appellant contended that the respondents 1 and 2 were jointly and severely liable to pay compensation to him which he quantified at Rs.2,00,000/- but limited to Rs.24,500/-.

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