JOHN.M.V Vs. K.S. SCARIA

JUDGEMENT

(1.) THIS appeal is filed against the award in O.P.(MV) No.1026 of 2004 of the Motor Accidents Claims Tribunal, Thalassery. As per the award, the claim petition filed by the appellant/petitioner under Section 166 of the Motor Vehicles Act, 1988 was dismissed on the ground that he had suppressed the material facts as to the cause of the accident.

(2.) THE case of the appellant was that while he was walking through the road side at Karthikapuram Junction at about 6.30 a.m. on 17.3.2004, he was hit by a jeep bearing Registration No.KL13/A 6351, driven by the second respondent in a rash and negligent manner, coming from Karthikapuram side. According to the appellant/petitioner, he sustained injuries in the said accident and he was, initially, taken to Pariyaram Medical College and, later, to Koyili Hospital, Kannur. It was seeking pecuniary atonement for the same that he filed the claim petition alleging that the accident had occurred due to the negligence of the second respondent, the driver and making necessary averments against the first and third respondents. THE appellant claimed an amount of Rupees Two lakhs as compensation from respondents 1 to 3, jointly and severally. During the pendency of the petition, the first respondent died and subsequently, his legal representatives were impleaded as supplemental respondents 5 to 10.

(3.) WE have heard Sri.Wilson Urmese, the learned counsel appearing for the appellant/petitioner, and Sri.M.A.George, the Standing Counsel appearing for the third respondent.