SIVAN ACHARI Vs. C J JAMES

JUDGEMENT

(1.) A pillion rider of a motor cycle, which was involved in an accident as a result of skidding and overturning causing injuries to the petitioner, is the appellant herein, who is aggrieved by the award of the MACT, Thodupuzha in O.P(MV) No. 297/1998 in which the Tribunal has entered a finding that no compensation is payable to the appellant for the injuries sustained by him, since no negligence can be attributable to the driver of the motor cycle.

(2.) The accident occurred on 10-8-1997 while the appellant was riding as a pillion rider of a motor cycle bearing reg. no. KBR 3631, which was being driven by the 1st respondent herein. The motor cycle was owned by the 2nd respondent and insured with the 3rd respondent. The learned Tribunal found that the contention of the appellant that there was rashness and negligence on the part of the 1st respondent is not correct and therefore found that no compensation is due to the appellant on account of the injuries sustained by him in the accident.

(3.) The appellant submits that the finding is against the evidence in the case. He would submit that he himself had given evidence before the Tribunal to the effect that the skidding and overturning of the vehicle were on account of the rash and negligent driving of the motor cycle by the 1st respondent, who was driving the motor cycle.