LAWS(KER)-2023-5-168

AJIMON.V.S. Vs. K.V.N.KURUP

Decided On May 09, 2023
Ajimon.V.S. Appellant
V/S
K.V.N.Kurup Respondents

JUDGEMENT

(1.) This appeal is originated from an award passed by Motor Accident Claims Tribunal, Kottayam (for short 'the Tribunal') on 12/10/2011 in OP(MV) No. 969/2007. Appellant is the petitioner/injured who had filed the Original Petition referred to, seeking for compensation for the injuries sustained by him in a motor accident occurred at 11 a.m. on 6/9/2006 at Mangadu Lane, Kottayam. The parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 to 3, in accordance with their status before the Tribunal.

(2.) On the fateful day, the petitioner was riding a motorcycle bearing Registration No.KL-5H 3259 through IndraprasthamChirayilpadam Road and a WagonR car bearing registration No.KL-5S 9770 dashed against the same at Mangadu Lane and and thereby he sustained serious injuries. The accident was allegedly occurred due to the rash and negligent driving of the WagonR car by its driver. The petitioner was transported to Bharath Hospital, Kottayam and was treated there as inpatient.

(3.) The 1st respondent died during the pendency of the Original Petition and his legal heirs were brought on record as additional respondents. The car being insured with National Insurance Company Ltd., it was arrayed as the 3rd respondent in the Original Petition. Rs.2,00,000.00 was also claimed as the compensation for the injuries sustained in the motor accident.