RIFFIN Vs. GOPINATH

JUDGEMENT

(1.) The petitioner in O.P.(MV) No.441/2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam, is the appellant. The respondents in the O.P. are the respondents herein. The petitioner filed the above O.P. under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 12/3/2005.

(2.) According to the petitioner, on 12/3/2005 while he was riding the motorcycle, he was hit down by an autorickshaw driven by the 1st respondent in a rash and negligent manner, and thereby, he sustained serious injuries.

(3.) The 1st respondent is the owner cum driver of the autorickshaw and the 2nd respondent is the insurer of the autorickshaw. Before the Tribunal, the 1st respondent remained ex-parte. The 2nd respondent filed a written statement disputing the involvement of the autorickshaw in the accident. It was further contended that, it was a self accident.