K. E. PRASAD Vs. MATHEW SUNNY

JUDGEMENT

(1.) The appellant was the petitioner in OP (MV) No.418/2007 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. The respondents in the appeal were the respondents in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The petitioner had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries that he sustained in a motor accident that occurred on 19.4.2006.

(3.) The bare facts, for the disposal of the appeal, in the claim petition was that on 19.4.2006, while the petitioner was riding a motor cycle bearing registration No.KCE-5356 through the Keerampara Oonjappara public road, a car bearing registration No.KRV-4115 (offending vehicle), driven by the first respondent in a rash and negligent manner and at an excessive speed, hit the motor cycle riden by the petitioner. The petitioner sustained serious injuries. The accident occurred due to the rash and negligent act of the first respondent. The offending vehicle was insured with the second respondent. Hence, the respondents 1 and 2 are jointly and severally liable to pay the petitioner compensation, which he quantified at Rs.7,70,000/-.