M.B. UNNIMON Vs. A.V. PURUSHOTHAMAN

JUDGEMENT

(1.) THE appellant filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 1 lakh on the allegation that he sustained injuries in a road traffic accident occurred on 31/01/99. Allegedly while the appellant was riding his motorcycle, he was hit down by a Maruti Van owned by the 1st respondent and insured with the 2nd respondent Insurance Company. His case is that as a result of the accident he sustained injuries and he had undergone treatment at National Hospital, Kozhikode from 31/01/99 to 14/02/99. The 1st respondent who is the owner of the car involved in the accident in his written statement contended that the accident occurred due to the negligence of the appellant. The second respondent Insurance Company while admitting the policy had taken a contention that the accident was due to the negligence of the appellant. They further contended that the quantum of compensation claimed is excessive.

(2.) THE learned Tribunal after considering the evidence on record came to the conclusion that the accident had occurred due to the negligence of the appellant himself. This finding was entered into by the learned Tribunal relying on Ext.A1 wherein it is stated that the accident had occurred while the appellant entered the main road from a pocket road all on a sudden without caring the vehicles going along the main road. Finding that the accident had occurred due to the negligence of the appellant, the learned Tribunal dismissed the claim petition. It is against this dismissal, this appeal has been preferred.

(3.) We have heard the submissions of the Learned Counsel for the appellant and the learned Standing Counsel for the 2nd respondent Insurance Company.