RAJESH JOHN Vs. MURALIKRISHNA DUGGIRALA

JUDGEMENT

(1.) The appellant was the petitioner in O.P. (MV) No. 1698/2005 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The original respondents in the appeal were the respondents before the Tribunal. At the instance of the appellant, the respondents 1 and 2 in the appeal have been deleted from the party array. Therefore, for the sake of convenience, the parties are, 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 sustained to him in an accident on 7/3/2005. It was his case that, on the above said date, while he was riding his motorcycle bearing registration No. KL 8/C 5710 through the Aluva-Ernakulam National Highway, a lorry bearing registration No. AP-07/T 9979, driven by the second respondent in a negligent manner, hit the motorcycle. The petitioner fell down and sustained multiple injuries and fractures. He was initially treated at the Karothukuzhi Hospital, Aluva and at the Specialist Hospital, Ernakulam as an inpatient for a period of 102 days. The lorry was owned by the first respondent and insured with the third respondent The petitioner was a Computer Lab Assistant in the Sahrdaya Engineering College, Thrissur and was drawing a monthly salary of Rs.5000.00. Hence, the petitioner claimed a compensation of Rs.8,73,000.00 from the respondents, which claim was limited to Rs.7,50,000.00.

(3.) The respondents 1 and 2 did not contest the proceedings and were set ex parte.