ABDUL SALAM Vs. RSA OLLUTHEN PVT LTD

JUDGEMENT

(1.) The appellant was the petitioner in O.P.(MV) No.160/2005 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The respondent in the appeal were the respondents 1 to 3 before the Tribunal. The appellant has not impleaded the respondents 4 to 6 before the Tribunal on the ground that they are unnecessary parties in the appeal. Thus, the parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The petitioner had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming damages caused to his car bearing registration No.KL-6/9390. It was his case that, on 16/7/2004, while the petitioner was travelling in his car behind a lorry bearing registration No.KL-7/X- 1490(lorry), driven by the second respondent in a rash and negligent manner, the second respondent applied sudden brake. The petitioner's car hit behind the lorry. Consequently, a tipper lorry bearing registration No.KL-8/AA-9667(tipper lorry) hit on the rear portion of the petitioner's car. The petitioner's car was severely damaged. The tipper lorry was driven by the fifth respondent. The two lorries were owned by the respondents 1 and 4 and insured with the respondents 3 and 6. Hence, the petitioner claimed damages to the tune of Rs.1,17,010.00 from the respondents.

(3.) The respondent Nos.1, 2, 4 and 5 did not contest the proceeding and were set ex parte.