SREEDHARAN KOTTISSERIL VEEDU Vs. OMANAKUTTAN PURANGATTU VEEDU

JUDGEMENT

(1.) The appellant sustained injuries in a road traffic accident which occurred on 29-11-2002 at about 8. 30 p.m. While the appellant was peddling a bicycle, an autorickshaw bearing Reg. No. KL-2B/6823 hit against the bicycle and as a consequence, the appellant sustained serious injuries. The appellant was taken to St. Thomas Mission Hospital, Kattanam, and treated there as inpatient. In connection with the injuries sustained by the appellant, the Tribunal awarded a total amount of Rs. 67100/- as compensation.

(2.) The Tribunal also directed the 3rd respondent to pay the amount and recover the same from the 2nd respondent who is the owner of the vehicle as the vehicle involved was not having fitness certificate. It was further observed by the Tribunal that in a proceedings for recovery, if the 2nd respondent produces the fitness certificate of the vehicle and a finding to that effect is entered into, the right to reimbursement shall become inoperative.

(3.) Heard.