GOPALLAKRISHNAN Vs. SANDOSH

JUDGEMENT

(1.) This appeal is filed challenging an award passed by Motor Accidents Claims Tribunal, Kozhikode (for short 'the Tribunal') on 25/10/2011 in O.P(M.V.) No.1724/2010. The appellant is the petitioner before the Tribunal. For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 to 3 in accordance with their status in the Original Petition.

(2.) The petitioner had sustained injuries in a motor accident occurred at 3.00 pm on 13/7/2009 when a Motorcycle bearing Registration No.KL-11-U-9922 knocked him down at Ramanattukara while he was walking through a public road there. He had sustained serious injuries and was rushed to P.V.S Hospital, Kozhikode. He was shifted to Baby Memorial Hospital, Kozhikode for better treatment and the treatment continued there. Alleging that the accident was occurred due to the rash and negligent riding of the Motorcycle bearing Registration No.KL-11-U-9922 by its rider and claiming for a sum of Rs.5,00,000.00 as compensation, the Original Petition was moved before the Tribunal. The owner, rider and insurer of the Motorcycle were arrayed in the Original Petition as respondents 1 to 3 and it was alleged that all of them are jointly and severally liable to compensate him.

(3.) Respondents 1 to 3 entered appearance on receipt of notice from the Tribunal. All of them also filed written statement contending that the accident was occurred due to the negligence of the petitioner himself and that the amount claimed as compensation is excessive. The 3rd respondent has admitted the insurance coverage for the Motorcycle at the relevant time of accident and raised a doubt on the involvement of the offending vehicle in the accident.