BABY PAUL, S/O PAILY, RESIDING AT PANATTU HOUSE, ASSAMANNOOR KARA ASSAMANNOOR VILLAGE, PERUMBAVOOR Vs. K.P. VARGHESE, S/O PAILY, PANATTU HOUSE, ASSAMANNOOR P.O., PERUMBAVOOR AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Perumbavoor, dated 16.2.2008 in O.P.(MV) No.35/2002, a claim petition filed by the appellant/claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained in a motor accident, which alleged to have occurred on 23.2.2000, while he was travelling as a passenger in a jeep bearing registration No.KL-7/A-5200, owned and driven by respondents 1 and 2 herein respectively and insured with the 3rd respondent.

(2.) Going by the averments in the claim petition, due to the rash and negligent driving of the jeep by the 2nd respondent driver, it dashed against the parapet of a culvert on the side of Madurai-Perumbavoor road and overturned. As a result of the accident, the appellant/claimant was thrown out of the jeep and he sustained serious injuries. Claiming a total compensation of Rs. 3,07,000/- under different heads, which was limited to Rs. 1,50,000/- for the purpose of payment of court fee, he filed claim petition before the Tribunal on 3.1.2002.

(3.) The 1st respondent owner, who is none other than the brother of the appellant/claimant, remained ex parte. The 2nd respondent driver who was originally set ex parte on 16.5.2002 filed I.A.No.4419/2006 under Order IX Rule 6 of the Code of Civil Procedure, 1908 seeking an order to set aside the ex parte order. The said application was allowed on 13.10.2006 and accordingly, the written statement filed by the 2nd respondent driver along with the said interlocutory application was accepted on file, wherein he has admitted that at the time of accident he was driving the jeep in question. According to the 2nd respondent driver, he was driving the jeep with due care and caution and adhering to all traffic rules. When the jeep reached the place of accident, the brake system failed and it overturned in spite of all his attempts to avoid the accident.