LAWS(KER)-2023-4-100

SAINUDDIN Vs. GEORGE THOMAS

Decided On April 28, 2023
SAINUDDIN Appellant
V/S
GEORGE THOMAS Respondents

JUDGEMENT

(1.) This appeal is preferred by the petitioner in O.P.(MV) No.512 of 2012 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The parties in this appeal are referred to as per their status in the claim petition.

(2.) The petitioner, a fish merchant, sustained injuries in a road accident occurred on 15/9/2011 when a Tata Sumo car bearing Registration No.KL-04-AA/7881 hit his bicycle. The 1st respondent is the driver, the 2nd respondent is the registered owner and the 3rd respondent is the insurer, of the car. The petitioner claimed an amount of Rs.10,00,000.00 (Rupees Ten lakhs) as compensation for the personal injuries sustained by him in the accident. It was contended that the accident happened due to the negligent driving of the car by the 1st respondent.

(3.) Before the Tribunal, Exts.A1 to A10 were marked on the side of the petitioner and Exts.B1 to B4 were marked on the side of the 3rd respondent. The certificate issued by the Medical Board was marked as Ext.C1 wherein the Medical Board has certified that the petitioner is having 10% permanent partial disability.