JAMES T D Vs. JACOB JOHNSON AND ORS

JUDGEMENT

(1.) Claimant is the appellant. The appellant was involved in an accident on 16.10.1999 whereby his cycle was hit by a bus driven by the 2nd respondent, according to him, in a rash and negligent manner. He suffered the following injuries.

(2.) He was treated continuously till 30.10.1999. Thereafter various reviews were done and the K-wire fixed was removed on 5.1.2000. He was hospitalised for about 22 days and had incurred medical expenses amounting to Rs.18,346/-. In different heads, he claimed an amount of Rs.2,25,000/-. Respondents 1 and 2 were ex parte. The 3rd respondent is the Insurance Company who filed written statement denying the rash and negligent driving of the 2nd respondent and attributing negligence on the petitioner himself. The quantum of compensation was also denied.

(3.) The claimant relied upon Exts.A1 to A9. No oral evidence was adduced by the parties. The Tribunal, on a consideration of the evidence on record came to a finding that the accident occurred due to the rash and negligent driving of the bus by the 2nd respondent. In respect of the compensation, the Tribunal awarded the following: <FRM>JUDGEMENT_792_LAWS(KER)7_20121.htm</FRM>