SHAJAN Vs. RAMAN PILLAI

JUDGEMENT

(1.) THE claimant in O. P. (M. V.) No. 255/84 on the file of the Motor Accidents Claims Tribunal, Ernakulam is the appellant. The first respondent is the owner of the vehicle involved in the accident, viz. KRE 982. The 2nd respondent was the driver of the said bus and the 3rd respondent is the Insurance Company with whom the respondent owner had entered into a contract of insurance in respect of his vehicle bearing registration no. KRE 982.

(2.) IT is the case of the appellant that he sustained injuries at the age of 26 on 3-12-1982 at 12.00 Noon. He was a door checker in the stage carriage bearing registration No. KRE 982. When the bus driven by the 2nd respondent was passing a bridge at Tripunithura on 3-12-1982 he sustained injuries. According to the appellant, the side of the bus brushed aside of an electric post. Hearing the sound, the appellant who was standing on the footboard peeped out. Then his head stuck against the post and thereby he sustained severe head injuries. The appellant was immediately removed to the Medical Trust Hospital, Ernakulam where he was treated as an in - patient and thereafter, he continued his treatment as an out -patient. According to him, the accident had taken place due to the rash and negligent driving of the 2nd respondent. He, therefore, claimed a total amount of Rs. 1,00,000/- by way of compensation from the respondents.

(3.) THIRD respondent, viz. insurance company also made similar contentions that had taken by the 2nd respondent, the driver. It was also contended by the insurance company that the maximum liability of the Company, if any, is for an amount of Rs. 37, 800/- as calculated under the Workmen's Compensation Act. The insurance company admitted the policy.