MOHAMMED YOUSAF MANHAKADAN Vs. KAPPOOR ABDU

JUDGEMENT

(1.) The appellant was the petitioner in OP(MV) No. 939/2005 on the file of the Motor Accidents Claims Tribunal, Manjeri. The respondents in the appeal were the respondents before the Tribunal.

(2.) The concise facts of the claim petition, relevant for the determination in that appeal are, on 05.03.2005 while the appellant was traveling in an autorikshaw bearing registration No.KL-10 E 9086 from Malappuram to Cherukunnu, the autorikshaw driver, the 1st respondent, lost control of the vehicle and it overturned and fell into a ditch. The appellant and a fellow passenger sustained serious injuries. The appellant was treated at Al Mas Hospital, Kottakkal and was thereafter, referred to the MIMS Hospital, Kozhikkode. He was treated as in patient from 05.02.2005 to 7.02.2005. He was put on ventilator support. He also had a surgery and was advised physiotherapy. The appellant was indisposed for a period of one year. He was a retired Assistant Executive Engineer in the CPWD and was an Agriculturist. He was earning a monthly income of Rs. 20,000/-. The accident occurred solely on account of the negligence of the 1st respondent. The vehicle was owned by the 2nd respondent and insured with the 3rd respondent. Hence the appellant claimed a compensation of Rs. 5,00,000/- from the respondents.

(3.) The fellow passenger in the vehicle filed OP(MV) No. 940/2005 claiming compensation. The appearance of the 1st respondent was dispensed by the Tribunal. The 2nd respondent did not contest the proceedings and was set ex-parte. The 3rd respondent filed written statement admitting that the vehicle had a valid insurance coverage.