SHEJI Vs. MUHAMMEDALI SHEHABUDEEN AND ORS.

JUDGEMENT

(1.) The appellant is the 2nd respondent in OP (MV) No. 844 of 2009 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, an application filed by the 1st respondent herein under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation for the injuries sustained by him in a motor accident which occurred on 04/05/2009. On 04/05/2009, while the 1st respondent was riding a motorcycle bearing Registration No. KL -7/AH -2330 through Thankalam -Thrikkariyoor public road, from south to north direction, a car bearing Registration No. KL -5/Q -6129 owned by the 2nd respondent herein and driven by the appellant hit the motorcycle and the 1st respondent sustained serious injuries. Alleging that, the accident occurred due to the rash and negligent driving of the car by the appellant, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 10,00,000/ - under various heads.

(2.) The appellant filed written statement, contending that, he was not the driver of the offending vehicle at the time of accident. The said vehicle was in a workshop since 01/05/2009 and was not in a running condition as on 04/05/2009. The 1st respondent sustained injuries due to his own negligence and as such, he is not entitled to claim any compensation. The appellant contended further that, the amount of compensation claimed under different heads is on a higher side.

(3.) The 2nd respondent herein, the registered owner of the offending vehicle, has not chosen to file any written statement.