ABRAHAM JACOB Vs. MUBARAK

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No. 45/2001 on the file of the Additional Motor Accidents Claims Tribunal, Kottayam, a petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by him in a motor accident occurred on 10/5/1999. At the time of accident, the appellant was driving a car bearing registration No. KL-5B-6162 through M.C. Road, from Thiruvananthapuram to Kottayam. It is alleged that, when the car reached near Kilivayal College Junction, a lorry bearing registration No. KL-10-1458 driven by the 2nd respondent came from the opposite direction in a rash and negligent manner and hit the car. In the accident appellant sustained severe injuries. The 1st respondent is the registered owner of the lorry. The 3rd respondent is the insurer of the lorry. The appellant claimed a total compensation of 10 lakhs.

(2.) The 1st and 2nd respondents remained ex-parte. The 3rd respondent-insurer filed written statement admitting the insurance coverage of the lorry at the time of accident. But, they contended that, the accident occurred due to the rash and negligent driving of the car by the appellant. According to the 3rd respondent, the accident occurred due to contributory negligence of the appellant and the compensation claimed under different heads is also exorbitant.

(3.) The appellant-injured was examined as PW 1 and Exts. A1 to A13 were marked on his side. No oral or documentary evidence was adduced on the side of the 3rd respondent-insurer.