SAYED Vs. GOPALAKRISHNAN AND ORS.

JUDGEMENT

(1.) The claimant in O.P.(MV) No. 327 of 2001 on the file of the Motor Accidents Claims Tribunal, Thodupuzha is the appellant herein. The claim petition was filed by the claimant for compensation for the personal injuries sustained by him in a motor vehicle accident occurred on 21.11.2000. The case of the appellant in the claim petition was that he was travelling in a motor bike with No. KL6 -7821. When it reached the place of occurrence, a jeep bearing No. KL6 -555 came from the opposite direction, driven by the second respondent, owned by the first respondent and insured by the third respondent hit against his bike and caused severe injuries to him. He was a fish vendor by profession and aged 52 years at the time of accident. He was getting a monthly income of Rs. 4,500/ -. He suffered permanent disability thereby he could not attend his work. So, he claimed a total compensation of Rs. 4,50,000/ - on various heads.

(2.) Respondents 1 and 2 remained ex -parte.

(3.) The third respondent filed written statement and additional written statement contending that the vehicle was insured with them at the relevant time but they denied negligence on the part of the second respondent. According to them, the accident occurred due to the negligence of the appellant himself. Further, the vehicle was insured in the name of the first respondent but he was not the owner of the vehicle at the time of accident and the second respondent was the owner and this fact was suppressed by the first respondent. So, the policy is ab initio void. The transfer of ownership of the vehicle was not reported to the insurer. So, they are not liable to indemnify the insured. They also contended that the amount claimed is exorbitant. They denied the occupation, income, disability, etc. alleged by the appellant in the claim petition. So, they prayed for dismissal of the claim petition.