A.KALIYAPPAN, S/O.APPAVU Vs. KAIMALI HYDROSE

JUDGEMENT

(1.) THE appellant is the petitioner in O.P.(M.V.) No.1378 of 1997 on the file of the Motor Accidents Claims Tribunal, Manjeri. At 8 p.m., on 20.7.1995, while he travelling in an autorikshaw along Koduvayoor - Chemmad road it was hit by a car driven and owned by respondents 1 and 2. As a result, he sustained injuries. Attributing negligence against the 1st respondent, a sum of Rs.1,50,000.00 was claimed as against the respondents 1 to 3. The 3rd respondent was stated to be the insurer of the car.

(2.) 1st respondent remained exparte. The 2nd respondent filed a written statement denying the ownership over the car. The 3rd respondent filed a written statement denying insurance liability. Subsequently, the 4th respondent was impleaded as driver cum owner of the autorickshaw and the 5th respondent was impleaded as the insurer of the car.

(3.) AFTER raising the issues, an enquiry was conducted. During the enquiry, on consent, Exts.A1 to A7 were marked. On appraisal of the evidence, the Tribunal below arrived at a finding that the accident occurred because of the rash and negligent driving of the car by the 1st respondent. Hence, the 5th respondent was found liable to compensate the appellant as the insurer of the car. Referring to the documents, the Tribunal below awarded a sum of Rs.7,238.00. The following are the details: