RELIANCE GENERAL INSURANCE CO. LTD. Vs. AJEESH

JUDGEMENT

(1.) The petitioner in O.P.(M.V.) No.1743 OF 2013 on the file of the Motor Accident Claims Tribunal, Ernakulam is the appellant in MACA No.1366 of 2017. The 3rd respondent in the above O.P(MV) is the appellant in MACA No.684 of 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 30/6/2013. According to the petitioner, on 30/6/2013 at about 05.15 p.m., while he was riding pillion on a motorcycle bearing Registration No.KL-43-E-3911 ridden by the 2nd respondent in a rash and negligent manner, the motorcycle hit against a car. As a result of the accident, the petitioner sustained serious injuries.

(3.) The 1st 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 motorcycle. The quantum of compensation claimed in the O.P. is Rs.38,91,500.00, limited to Rs.20,00,000.00.