RATHEESH KUMAR Vs. SIJURAJ

JUDGEMENT

(1.) The claimant in O.P.(M.V.)No.470 of 2007 on the file of the Motor Accidents Claims Tribunal, Mavelikkara is the appellant herein. The claim petition was filed by the claimant seeking compensation for the personal injuries and disability suffered by him in a motor vehicle accident occurred on 22.7.2006. It is alleged in the petition that on 22.7.2006, at about 8 pm, while the claimant was travelling in a motor cycle with registration No.KL -3/A -2224 as a pillion rider and when it reached the place of occurrence, a pickup van with registration No.KL - 3/K -8903 driven by the first respondent, owned by the second respondent and insured with the third respondent, came and hit against the claimant and on account of which he sustained severe injuries. According to him, the accident occurred due to the negligent driving of the offending vehicle, namely pickup van, by the first respondent and respondents 1 to 3 are jointly and severally liable to pay compensation. He was a lorry driver by profession aged 28 years and getting Rs.6,000/ - per month. He claimed a total compensation of Rs.3,50,000/ - on various heads.

(2.) Respondents 1 and 2 remained absent. The third respondent entered appearance and filed a written statement admitting the insurance of the pickup van but denied the allegation that the accident occurred due to the negligence of the first respondent. According to them, the accident occurred due to the negligence of the rider of the motor cycle and as such, the petition is bad for non -joinder of necessary parties for non -impleadment of the owner, rider and insurer of the vehicle in which the injured was travelling as a pillion rider. The first respondent had no driving licence and as such, they are not liable to indemnify the injured. They denied the age, income, occupation, disability, etc. claimed by the claimant. According to them the total compensation claimed is exorbitant. They prayed for dismissal of the application.

(3.) The claimant was examined as PW1 and the doctor was examined as PW2 and Exts.A1 to A13 was marked on the side of the claimant.