BABYCHEN K. VARGHESE Vs. OMANAKUTTAN

JUDGEMENT

(1.) The appellant was the first respondent in O.P (MV) No.1198/2007 on the file of the Motor Accidents Claims Tribunal,Kottayam. The respondents in the appeal were the petitioner and respondents 2 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 he sustained in an accident on 14/5/2007. It was his case that, on the above date, while he was travelling as a passenger in an autorickshaw bearing registration No.KL-5-6885 through the Kavumpady-Thannickapadi road, a Mini lorry bearing registration No.KL-5-S-3821 (lorry), driven by the second respondent in a negligent manner, hit the autorickshaw. The appellant sustained serious injuries. The lorry was owned by the first respondent and insured with the third respondent. The appellant claimed a compensation of Rs.2,65,000.00 from the respondents, which was limited to Rs.2,50,000.00.

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