LONAN PILLAI Vs. ROY AND OTHERS

JUDGEMENT

(1.) This appeal is filed against the judgment and award dated 27.4.2007 in O.P. (MV). No. 503 of 2002 passed by the Motor Accidents Claims Tribunal, North Paravur. The appellant was the petitioner therein. He filed the said claim petition under section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained in a motor vehicle accident occurred on 12.12.2001. In the claim petition, it was stated thus:-

(2.) Before the Tribunal, the petitioner got himself examined as PW-1 and one Ajayakumar was examined as PW-2. Exts. A1 to A7 series were got marked on the side of the appellant. On the side of the third respondent, RW-1 to RW-5 were examined and Exts. B1 to B7 were marked. After analysing the evidence on record and also appreciating the rival contentions, the Tribunal held that the appellant had failed to establish that the accident had occurred in the course of user of a motor vehicle or that it is one arising out of the use of a motor vehicle. Upon such findings, the claim petition was dismissed. It is in the said circumstances that this appeal has been preferred.

(3.) We have heard the learned counsel for the appellant and also the learned senior counsel for the third respondent. Notice issued to the first respondent returned unclaimed. Though notice was served on the second respondent, he did enter appearance to contest the matter.