RAMANKUTTY Vs. ANU P CHANDRAN

JUDGEMENT

(1.) Appellant sustained injuries in a road accident. He was awarded a compensation by the motor accidents claims tribunal. The tribunal allowed his claim partly only, which is why he is in appeal.

(2.) The case of the appellant is summarised below: The accident was at about 6.00 p.m on 17.5.2004. The appellant was riding on a bicycle. He was knocked down by an auto rickshaw which came from the opposite direction. The auto rickshaw bore registration No. KL 3D-1615. The first respondent drove the auto rickshaw rashly and negligently. The appellant sustained serious injuries.

(3.) The owner of the auto rickshaw did not contest the claim of the appellant. The driver of the auto rickshaw attributed negligence to the appellant. The third respondent who is the insurer also had such a contention. It was contended by the insurer that the appellant was riding the bicycle on the middle of the road. Another contention was that the first respondent did not have a valid licence and badge.