JAMES JOSEPH Vs. DIVIN DAVID

JUDGEMENT

(1.) The petitioner in O.P.(M.V.) No.770/2013 on the file of the Motor Accident Claims Tribunal, Perumbavoor, is the appellant herein. (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 23/11/2012. According to the petitioner, on 23/11/2012 at about 7.15 p.m., while he was standing by the side of Kalady-Perumbavoor road, a car bearing reg.no.KL 40/E-6817 driven by the 2nd respondent in a rash and negligent manner, knocked him down and as a result of the accident, the petitioner sustained serious injuries.

(3.) The 1st respondent is the owner , the 2nd respondent is the driver 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.14,11,000.00 limited to Rs.12,00,000.00.