ABDUL HAMEED Vs. VIPIN, D/O.PADMANABHAN NAIR

JUDGEMENT

(1.) THE petitioner in O.P.(M.V.) No.208 of 2008 on the file of the M.A.C.T., Kozhikode is the appellant in this appeal. The appellant sustained injuries in a motor vehicle accident on 25-01-2007 at about 10.30 A.M. While the appellant was walking along Pantheerankavu - Perinthalmanna road, at Perumanna Bazaar, he was knocked down by a motor cycle bearing Reg.No.KL-11 X 8744 owned by the 2nd respondent and ridden by the first respondent. The third respondent is the insurer of the motor cycle. The appellant claimed a sum of Rs.3,00,000.00 as compensation.

(2.) RESPONDENTS 1 and 2 did not file any written statement. The third respondent filed a written statement admitting the insurance coverage of the motor cycle. The third respondent denied the negligence alleged against the first respondent. It was contended that the accident was due to the negligence of the appellant.

(3.) THE appellant is a teacher. It is stated that he was employed in Koduvally Muslim Orphanage Higher Secondary School, Kozhikode. Learned counsel for the appellant submitted that the appellant produced a certificate issued by the Head Master of the School showing that the appellant was working in the School since 2007, that he was drawing a salary of Rs.5,400.00 per month and that he was on leave for a period of one year after the accident. The certificate was not marked in evidence, probably because it was not proved in accordance with law.