AJI, S/O THANKAPPAN Vs. GEORGE PAUL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 3.2.2006 in O.P.(M.V)No.246 of 2002 passed by the Motor Accidents Claims Tribunal, Muvattupuzha. As per the impugned award, the claim petition filed by the appellant herein was dismissed.

(2.) We have heard the learned counsel for the appellant and also the learned counsel appearing for the second respondent. Notice was issued to the first respondent. However, he has not chosen to enter appearance and contest the matter.

(3.) The accident in which the appellant sustained injuries and that led to the filing of the aforesaid claim petition occurred on 2.12.2001 at about 4 p.m. On that day, he was riding his motorcycle bearing Reg.No.KL-7D/7051 along Kavalangadu-Uppukulam road. At the place of the accident it was hit by a Scooter bearing Reg.No.KL-7E/6036, driven by the first respondent. The appellant sustained injuries and he was taken to M.B.M.M. Hospital, Kothamangalam. He remained there as an inpatient for a period of 10 days. It is in the said circumstances that he filed the said claim petition seeking compensation of Rs.1,30,000/-. A perusal of the impugned award would reveal that the Tribunal had come to the conclusion that the appellant sustained injuries in the motor vehicle accident in question. This is evident from the discussion in paragraph 9 of the impugned judgment and the relevant recital therein reads thus:-