RAJU SEBASTIAN Vs. UNITED INDIA INSUARANCE

JUDGEMENT

(1.) The appellant is the petitioner in OP(MV)No.1756/2010 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The said original petition was filed seeking compensation for the injuries sustained to him on a motor accident occurred on 22.07.2010, when the motor cycle ridden by him was hit by a car. The car was driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. Consequent to the accident, he sustained very serious injuries. He was treated at Baby Memorial Hospital, Kozhikode for several days. According to the appellant, he was working as a Draftsman Gr.1 in Kerala Water Authority and he was aged 50 at the time of accident. He contends that he sustained permanent disablement of serious nature consequent to the injuries. Accordingly, he claimed a total compensation of Rs.20 lakhs.

(2.) The driver and the owner who are respondents 1 and 2 remained absent and they were set ex-parte. The 3rd respondent filed a written statement disputing the negligence on the part of the 1st respondent and contended that the accident occurred due to the negligence of the appellant himself. The quantum of compensation was also disputed. However, the existence of valid policy in respect of the said vehicle was admitted.

(3.) The appellant got himself examined as PW1 and Exts. A1 to A13 were marked from the side of the appellant. Disability certificate issued by the Medical Board was marked as Ext.C1. No evidence was adduced from the side of the respondents.