SUKUMARAN Vs. R.C.IBRAHIM

JUDGEMENT

(1.) The claimant in OP(MV)No.1400 of 2004 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, is the appellant herein, challenging the award of the Tribunal, by which his claim for compensation was dismissed.

(2.) On 6/3/2004 at 11.40 p.m. while the appellant was travelling in his lorry bearing Registration No.KL-8/Y-9909, driven by the 4th respondent, he met with a road traffic accident, and as a result, he sustained serious bodily injuries including amputation of his right hand. He was travelling in that lorry as the owner-cum-spare driver. The accident occurred when the lorry owned by the appellant happened to hit against KL-10/L-8460 lorry, which was parked in a public road in a negligent manner, without putting on the park lights or any other precautionary indications. The 2nd respondent was the driver of that lorry, 1st respondent was its owner and the 3rd respondent was its Insurer.

(3.) The 4th respondent was the driver of the lorry owned by the appellant and the 5th respondent was its Insurer. The appellant approached the Tribunal with a claim under Sec. 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') but it was dismissed finding that a claim under Sec. 163A of the MV Act was not maintainable, and he was not eligible to get any compensation even under Sec. 166 of the MV Act. Aggrieved by the dismissal of his claim for compensation, he has come up with this appeal.