RAFEEQUE Vs. KUNHUMOL

JUDGEMENT

(1.) THESE appeals have been filed by the same appellant and the appeals arise out of the same accident. Therefore, these appeals are disposed of by this common judgment.

(2.) ON 25.1.2010 at about 11.30 p.m., while Kunhumol, the claimant in O.P.(MV) No.782 of 2010 on the file of the Motor Accidents Claims Tribunal, Kozhikode was travelling in the autorikshaw bearing Registration No.KL-10/T 8111 driven by Ashraf, the claimant in O.P.(MV) No.1083 of 2010, a car bearing Registration No.KL-11/AC 5785 driven by Joseph Edakkara Mathai, the second respondent, hit against the autorikshaw and Ashraf and Kunhumol sustained injuries. The car is owned by Rafeeque, the appellant herein. It was contended that the accident occurred as a result of the rash and negligent driving of the car by Joseph Edakkara Mathai @ Johnson. The claimants claimed compensation on account of the injuries sustained by them.

(3.) THE Tribunal found that Joseph Edakkara Mathai had no driving licence at the relevant time. A crime was registered in respect of the incident against Joseph Edakkara Mathai under Sections 279, 337, 338 of the Indian Penal Code and Section 3(1) read with Section 181 of the Motor Vehicles Act. On the basis of the evidence on record, the Tribunal found that the accident occurred as a result of the rash and negligent driving of the car and that the driver of the car had no valid driving licence at the relevant time.