K T RAJU Vs. BABY JOSEPH AND ORS

JUDGEMENT

(1.) Appellant is the claimant in O.P.(M.V) No.3102/1996 of M.A.C.T, Ernakulam.

(2.) The appellant claimed an amount of Rs.1,60,000/- as compensation for the injury suffered by him in a motor accident which occurred on 03/08/1995 at about 4.30 p.m. It is alleged that the claimant was walking towards North to South through western extremity of Kanjiramattam-Mulanthuruthy public road. When he reached near S.N.D.P Navathi Smarak Building, vehicle bearing Reg.No.KL-13/A 707 driven by the 1st respondent in a rash and negligent manner knocked him down and he sustained serious injuries. The injuries suffered by him are described below:

(3.) He was immediately taken to R.C.M.Hospital, Thripunithura and admitted as an in-patient and the next day he was referred to Medical Trust Hospital, Ernakulam. It is stated that he was an in-patient in the Medical Trust Hospital from 04/08/1995 to 29/08/1995 and continued treatment for a long period. The 1st respondent driver and owner of the vehicle remained absent throughout the proceedings. The 2nd respondent insurance company however contended that the accident occurred due to the carelessness and negligence of the claimant and that the compensation claimed was excessive.