FR. THOMAS Vs. E.P.S. NARAYANAN

JUDGEMENT

(1.) The petitioner in OP(MV).186/2008 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, is the appellant. He filed the above OP under Sec. 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 16/1/2007.

(2.) According to the petitioner, while he was travelling in a mini bus bearing registration No.KL-05/N 8562 from Thrissur to Ernakulam through NH 47, a Goods Carriage Omni van bearing registration No.KL9/H 6338 driven by the 2nd respondent in a rash and negligent manner hit on the petitioner's vehicle and as a result of which, he sustained serious injuries. According to him the accident occurred due to the negligence of the 2nd respondent. Respondents 1 and 3 are the owner and insurer of the offending vehicle. In the OP he claimed a compensation of Rs.30.00 Lakhs.

(3.) The 3rd respondent, who alone contested the case admitted the accident as well as valid insurance policy. However, they disputed the liability to pay compensation for the alleged treatment underwent by the petitioner in foreign countries. They also contended that there was no negligence on the part of the 2nd respondent.