THAJUDEEN Vs. JAFARUDEEN AND ORS.

JUDGEMENT

(1.) Dismissal of the claim petition filed under Sec. 163A of the Motor Vehicles Act, seeking compensation for the injuries sustained in a road traffic accident occurred on 23.09.2003, made the claimant feel aggrieved; which forms the subject matter of this appeal preferred by him.

(2.) On 23.09.2003, the appellant was riding a motor cycle bearing No. KL.16/2269 belonging to the first respondent and insured by the second respondent; and when he reached the place of accident, the bike allegedly collided with an autorickshaw bearing No. KL.01/Q -6644 and he sustained injuries. Immediately, he was taken to the Government Hospital, Kallara, from where he was referred to the Medical College Hospital, Thiruvananthapuram, where he continued treatment; both as an inpatient and outpatient. After discharge from the hospital, the loss was sought to be compensated by filing claim petition before the Tribunal, arraying only the owner and insurer of the motor cycle ridden by him as the respondents and without impleading the driver, owner and insurer of the autorickshaw in the party array.

(3.) The owner of the motor cycle did not choose to contest the matter. The claim was resisted by the second respondent Insurance Company, pointing out that, it was bad for non -joinder of necessary parties in view of collision with the autorickshaw. Though the existence of valid policy in respect of the motor cycle as on the date of the accident was admitted, the liability was disputed on various grounds.