RAJESH KUMAR Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) The petitioner in O.P.(M.V.) No.1327/2011 on the file of the Motor Accident Claims Tribunal, Pathanamthitta is the appellant in MACA. No.2639/2017. The 3rd respondent in the OP is the appellant in MACA.No.1477/2017. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) 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 20/9/2011. According to the petitioner, on 20/9/2011 at about 10.45 a.m., he was riding pillion on a motor cycle ridden by the 1st respondent in a reckless manner and in exorbitant speed and when it reached near a railway over bridge, the rider applied sudden break so that he lost control over the motor cycle and hit against a car bearing registration No. KL-04V-1574. As a result of which, the petitioner fell down and sustained serious injuries.

(3.) The 1st respondent is the rider, the 2nd respondent is the owner and 3rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the rider of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.80,00,000.00.