(1.) CLAIMANT in O.P. No. (M.A.C.) 607 of 1983 on the file of the Motor Accident claims Tribunal, Kottayam, is the appellant. He was injured on account of an accident involving a chassis driven by the first respondent. Consequently, he was treated in the Medical College Hospital for about nine days. Since he was not completely cured, he got himself admitted a second time and was in hospital for about twenty days. He claimed compensation to the tune of Rs. 80,000/ from respondents 1 to 3 who are the driver, owner and insurer of the vehicle respectively. Learned Tribunal, by award dated 20.9.1984, dismissed the claim finding that claimant filed to prove negligence on the part of the first respondent-driver. Aggrieved by the said decision, he has come up in appeal.
(2.) THE short question that arises for consideration in this appeal is whether first respondent was rash and negligent in driving the chassis at about 4.30 p.m. on 31.7.1980, which caused injuries on the appellant.
(3.) RESPONDENTS 1 and 2, namely the driver and the owner, filed a detailed written statement. According to them, first respondent was driving the vehicle at a speed of 10 kms. per hour because the road was very busy. While the 1st respondent was driving the Chassis from south to north along the left side, claimant suddenly pulled his cart to the tarred portion of the road from west to east. He did not even care to notify whether the vehicle coming from south to north is a Chassis or not. Consequently, the hand hard hit at the compressor tank of the Chassis, which is fitted inside the chassis at the middle portion. This will make it clear that the accident is the result of the rash and negligent act of the claimant. Claimant was pulling the cart from its back side.