RATHEESAN Vs. KESAVAN

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) 1007/2006 on the file of the Motor Accidents Claims Tribunal, Ottapalam. The respondents in the appeal were the respondents in the claim petition.

(2.) The concise facts in the claim petition, relevant for determination of the appeal, are: on 3.9.2006 while the appellant was riding pillion on a motor cycle bearing registration No. KL-8/S 5694 through Thrissur- Irinjalakkuda road, when the vehicle reached Kanimangalam, an auto rickshaw bearing registration No. KL-9/S 2889(offending vehicle) hit the motor cycle. The appellant sustained serious injuries in the accident and was treated as inpatient at Elite Mission Hospital for a period of ten days. Thereafter, he was readmitted in the same hospital from 19.10.2006 to 30.10.2006, again from 6.11.2006 to 18.11.2006, again from 4.12.2006 to 6.12.2006 and then at the St. James Hospital, Chalakkudy from 14.8.2007 to 28.8.2007, totalling a period of 50 days in five spells. The appellant was a goldsmith by profession and earning a monthly income of Rs. 4,000/-. The accident occurred solely on account of the negligence on the part of the first respondent. The offending vehicle was owned by the second respondent and insured with the third respondent. The appellant claimed a total amount of Rs. 4,90,500/-, which was limited to Rs. 3,50,000/-.

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