JAGADAMMA K. T. Vs. TINIT THOMAS

JUDGEMENT

(1.) The petitioner in O.P.(M.V.) No.1267/2013 on the file of the Addl. Motor Accident Claims Tribunal, Kottayam, is the appellant in MACA No.3025/2015 and the 2nd respondent in the OP is the appellant in MACA No.559/2016 (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 13/5/2012. According to the petitioner, on 13/5/2012 at about 11 p.m., while he was riding a motorcycle, along the M.C. road, a tempo traveller bearing reg.no.KL-5/AD 1539 driven by the 1st respondent in a rash and negligent manner, hit against the motorcycle and as a result of which, he fell down and sustained serious injuries.

(3.) The 1st respondent is the driver, 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 driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.21,81,000.00.