SREEKUMAR Vs. OUSEPH M K AND OTHERS

JUDGEMENT

(1.) The claimant in O.P.(M.V).No.2353/2004 of the Motor Accidents Claim Tribunal, Thrissur is the appellant. According to the claimant, he sustained injuries in an accident involving a tempo van bearing registration No.KER-3225 driven by the 2nd respondent. It is alleged that the accident was due to the rash and negligent act of the 2nd respondent. On sustaining injuries, he was taken to the Metropolitan hospital, Thrissur where he was treated as an in-patient. Alleging that the 1st respondent, being the owner of the vehicle, is liable to compensate the petitioner, a claim petition was filed claiming Rs.1,50,000/- as compensation for the injuries sustained. Third respondent is the insurer of the offending vehicle.

(2.) Respondents 1 and 2 remained ex parte and the 3rd respondent insurance company alone contested the case. The Tribunal relied upon Exts.A1 to A9 and Ext.B1. No oral evidence was adduced by either parties. On the basis of Exts.A1 and A4, the F.I.R and charge sheet in respect of crime No.489/2004, the Tribunal found that the accident was on account of the rash and negligent act of the 2nd respondent.

(3.) On the basis of Ext.A5 wound certificate issued by Metropolitan Hospital, Thrissur the Tribunal found that the claimant had suffered the following injuries.