RAJU Vs. K.K. DAMODARAN AND ORS.

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No. 576 of 2001 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha which was filed claiming compensation for the injuries sustained by him in a motor vehicle accident occurred on 25.10.2000 at about 11 a.m. He was returning from Thrissur in a motor cycle and when it reached near Puthukad, an autorickshaw with registration No. KL8/885 owned by the first respondent, driven by the second respondent and insured by the third respondent came from behind and hit against his motor cycle. Due to that, he fell down and sustained severe injuries. He was an ice cream vendor and getting an income of Rs. 4,000/ - per month. He sustained severe injuries. The claim petition was filed claiming a total compensation of Rs. 3 Lakhs on various heads.

(2.) Respondents 1 and 2 remained absent. The third respondent filed written statement admitting the insurance of the vehicle but denied the occurrence of the accident involving the vehicle therein. They also contended that the accident occurred in a different circumstance and as such he is not entitled to get any compensation. Further, he has no driving licence to drive the vehicle and he sustained injuries due to his own negligence. So, they prayed for dismissal of the claim petition.

(3.) Since respondents 1 and 2 did not appear, the third respondent filed I.A. No. 1572 of 2005 under Sec. 170 of the Motor Vehicles Act and permission was granted to contest the case. The appellant was examined as PW1, one witness was examined as PW2 and the Doctor who treated the appellant was examined as PW3. Exts.A1 to A11 series were also marked on his side. No evidence was adduced on the side of the respondents.