SHAIJU SADANANDAN Vs. SHAMSUDHEEN, S/O BEERANKUTTY

JUDGEMENT

(1.) Appellant is the claimant in O.P.(MV).838/2006 on the file of Motor Accidents Claims Tribunal, Ernakulam (in short, the Tribunal). The claim petition has been filed under Sec. 166 of the Motor Vehicles Act, 1988 (in short, the Act) claiming total compensation of Rs.13,00,000.00, on account of the injury sustained by the appellant/claimant in a motor accident occurred on 14/10/2005.

(2.) It is alleged that on 14/10/2005 while the appellant/claimant was riding motorcycle bearing Reg.No.KL-07/AD.4868 through Poothotta - Puthiyakavu road and reached at South Paravur, due to hit by an autorickshaw bearing Reg.No.KL-07/D.7662 driven by the third respondent, appellant sustained serious injuries. It is alleged that the accident happened due to the rash and negligent driving of the autorickshaw by the third respondent. First respondent is the owner of the offending vehicle, second respondent is the insured and fourth respondent is the insurer of the autorickshaw.

(3.) Exts.A1 to A19 and Ext.C1 marked from the side of the appellant/claimant. There was no oral evidence from either side.