GOPAKUMAR SON OF THANKAPPAN KALAPPURAKKAL HOUSE PATTAL IRINGOLE POST PERUMBAVOOR KUNNATHNAD TALUK ERNAKULAM DISTRICT Vs. K S SANKARAN KEENACHERY HOUSE IRINGOLE POST PERUMBAVOOR KUNNATHNAD TALUK ERNAKULAM DISTRICT

JUDGEMENT

(1.) THIS is an appeal filed by the claimant seeking enhancement of compensation. It is alleged by the claimant that while traveling as a pillion rider in the motorcycle KL-7T-2227 on 11.6.2002, owned by the 1st respondent and driven by the 2nd respondent, on account of the rashness and negligence of the 2nd respondent, the vehicle met with an accident, the petitioner fell down from the vehicle and sustained fracture of right radius. He was immediately taken to Government Hospital, Perumbavoor from where he was referred to another hospital and admitted at Sanjoe hospital, Perumbavoor on 12/06/2002. He was discharged on 25/6/2002, again admitted on 26/7/2002 and discharged on 29/7/2002. According to him, his forearm was immobilised and the treatment continued. The total compensation claimed was Rs.1,20,000/-.

(2.) THE 3rd respondent is the insurer of the vehicle. Respondents 1 and 2 remained ex parte. 3rd respondent filed a written statement admitting the policy but contended that the particulars stated in the claim petition are not correct and that no documents are produced to prove the driving licence of the respondents.

(3.) IT seems that during hearing of the case the insurance company had raised a contention that Ext.B1 policy does not cover a pillion rider and therefore the liability had been fixed at respondents 1 and 2. The claim petition as against the 3rd respondent is dismissed.