C.P. SINEESH Vs. MANISHA

JUDGEMENT

(1.) The appellant was the second respondent in O.P (MV) No. 1371/2006 on the file of the Motor Accidents Claims Tribunal,Ottapalam. The respondents in the appeal were the petitioner and respondents 1 and 3 before the Tribunal. The parties are, for the sake of convenience, referred to as per their status before the Tribunal.

(2.) The petitioner had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries that she sustained in an accident on 11/5/2006. It was her case that, on the above date, while she was riding pillion on motorcycle bearing registration No. KL-10-Q-2118 through the Peradiur-Vilayur public road, a car bearing registration No. KL-11-A-9292 (car), which was a commercial vehicle, driven by the first respondent in a negligent manner, hit the motorcycle. The petitioner sustained serious injuries and was treated as an inpatient. The car was owned by the second respondent and insured with the third respondent.

(3.) In the same accident, the rider of the motorcycle also had filed O.P.(MV) No. 1372/2006 before the same Tribunal, against the respondents, seeking compensation.