SREEDHARAN Vs. SURESH M.

JUDGEMENT

(1.) The appellants were the 1st respondent and the supplemental 4th respondent respectively, in O.P(MV) No.44/2008 on the file of the Motor Accidents Claims Tribunal, Ottappalam. The respondents in the appeal were the petitioner and respondents 2 and 3, respectively 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 sustained to him in an accident on 22/5/2006. He has averred in the claim petition that, while he was riding his motorcycle along the Kallamala - Jellipara public road, a Jeep bearing Reg.No.KL-11B-2106 (Jeep), driven by the 1st respondent in a rash and negligent manner, hit the motorcycle of the petitioner. The petitioner sustained injuries and was treated as an inpatient at the EMS Hospital for a period of 13 days. The 2nd respondent was the owner and the 3rd respondent was insurer of the Jeep. Pending the claim petition, the 2nd respondent died and his legal representative has been impleaded as the supplemental 4th respondent. Hence the petitioner claimed a compensation of Rs.2,00,000.00 from the respondents

(3.) The respondents 1 and 4 did not contest the proceeding.