DILEEP Vs. DILEEP KUMAR

JUDGEMENT

(1.) The appellant was the petitioner in OP(MV) No. 260 of 2008 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents in the appeal were the respondents before the Tribunal. As per the order dated 16.03.2021 in IA No. 1 of 2021, the respondents 1 and 2 were deleted from the party array.

(2.) The facts in brief in the claim petition, relevant for the determination of the appeal, are: on 25.12.2007 while the appellant was riding a motorcycle bearing registration No. KL 17/C 449 on the Pala Ettumanoor Road, when he reached the Pala Municipal Stadium, a Bus bearing registration No. KL34/513 (offending vehicle) driven by the 1st respondent in a rash and negligent manner hit the motorcycle of the appellant. The appellant sustained serious injuries including a frontal EDH head injury. The appellant was treated at the Pala Taluk Hospital and, thereafter, at the Medical College Hospital, Kottayam as an in-patient for a period of 8 days. The appellant was a stone crusher by profession earning a monthly income of Rs.4500/-. The offending vehicle was owned by the 2nd respondent and insured with the 3rd respondent. The appellant contended that the respondents were jointly and severally liable to pay compensation to the appellant, which he quantified at Rs.2,00,000/-.

(3.) The 1st respondent did not contest the proceedings and was set ex-parte.