IRSHAD HASSAN Vs. SHRIRAM GENERAL INSURANCE CO.LIMITED

JUDGEMENT

(1.) The petitioner in OP(MV) No.796 of 2015 of the Principal Motor Accidents Claims Tribunal, Kozhikode is the appellant in MACA No. 901/2018. The 3 rd respondent - the Insurance Company - before the Tribunal is the respondent in MACA 901/2018. The 3rd respondent and the petitioner in the above claim petition are the appellant and the respondent in MACA No.1612/2018. As the parties are the same and they are assailing the same award, these appeals are disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per their litigate status in the claim petition.

(2.) The petitioner had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the accident that he sustained on 20.1.2015. The case of the petitioner, in a nutshell, is that while he was riding his motor cycle bearing Reg.No. KL-11-AV-1888 through the Nallalam-Feroke road, a stage carriage bus bearing Reg. No.KL-02-X-6667 driven by the 2nd respondent in a rash and negligent manner hit the motor cycle of the petitioner. The petitioner sustained serious injuries including a fracture. He was treated at the MIMS Hospital, Kozhikode and, thereafter, at the Baby Memorial Hospital, Kozhikode as an inpatient. The 1 st respondent is the owner and the 3 rd respondent is the insurer of the vehicle. The petitioner claimed an amount of Rs.50,00,000/- as compensation.

(3.) The 1st respondent was set ex parte.