ABDUL KALAM Vs. MOIDEEN KOYA

JUDGEMENT

(1.) The appellant was the petitioner in O.P(MV) No. 228/2003 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The respondents in the appeal were the respondents in the claim petition.

(2.) The concise case of the appellant in the claim petition, relevant for the determination of the appeal, is: on 29.12.2002 while the appellant was riding a motorcycle bearing Reg. No. KL-11-M 8603 through the Kozhikode- Kannur Road, when he reached the English Church, a bus bearing Reg.No. KL-11-J-5355 (offending vehicle) driven by the 2nd respondent in a rash and negligent manner hit the motorcycle of the appellant. The appellant sustained serious injuries, including fractures and was treated as an inpatient at the Baby Memorial Hospital, Kozhikode. The offending vehicle was owned by the 1st respondent and insured with the 3rd respondent. The appellant was a mechanic by profession and earning a monthly income of Rs. 7,000/-. He contended that the respondents were jointly and severally liable to pay compensation to him, which he quantified at Rs. 2,80,000/-, but limited to Rs. 2,00,000/-.

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