DIRECTOR GENERAL OF POLICE Vs. RAJESWARI

JUDGEMENT

(1.) The issue revolves around two questions: (1) whether the rolling out of the tyre from the vehicle causing injury to a pedestrian constitutes negligence on the part of the owner or driver of the vehicle, and (2) whether a claim petition filed under Sec. 166 of the Motor vehicles Act, 1988 (for short, "the Act"), is maintainable?

(2.) This appeal has been filed by the Director General of Police and the Kerala State Insurance Department, who were respondents 1 and 3 in OP(MV) No.1872 of 2010 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam, challenging the liability as well as quantum of compensation awarded to the claimants. The respondents 1 & 2 herein were the claimant and the second respondent respectively before the tribunal.

(3.) The brief facts of the case of the claimant before the tribunal are as follows: On 28/8/2010, while the claimant, a house wife aged 64 years, was waiting at the Edappally Toll bus stop at Ernakulam, a jeep bearing Reg.No.KL-01/X 9463 driven by the second respondent came in a rash and negligent manner and when it reached the place of occurrence, the rear left tyre of the said jeep was thrown out and hit the claimant, whereby she sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of Rs.5,00,000.00.