RAJEENA EDISON Vs. ASHMUTHU

JUDGEMENT

(1.) The appellant is the claimant in O.P.(M.V.) No.1261/2000 on the file of the Motor Accidents Claims Tribunal, Kollam, an application filed under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor accident occurred on 31.05.1999.

(2.) The pleadings and materials on record would show that on the date of accident, the appellant, alongwith another fish monger, (the claimant in O.P.(M.V) No.1290/2000) were travelling in a Pick -up auto rickshaw bearing registration No.KL - 2/G -5340 owned and driven by the 1st respondent and insured by the 2nd respondent. When the auto rickshaw reached the place of accident, the 1st respondent who was driving the auto rickshaw applied sudden brake, as a result of which the vehicle overturned and the appellant and the co -passenger, who were travelling in the driver's cabin sustained severe injuries. Claiming compensation for a total sum of Rs.2,50,000/ - under different heads, claim petition was filed before the Tribunal. The co -passenger has also filed another claim petition. Both claim petitions were tried together.

(3.) On the side of the claimants, Ext.A1 to A22 were marked. PWs.1 to 3 were examined on the side of the claimants. The respondents have not chosen to adduce any oral or documentary evidence.