JAIN THOMAS Vs. LISSAMMA

JUDGEMENT

(1.) The appellant is the petitioner and the respondents are the respondents in O.P.(MV) No. 12 of 2012 on the files of the the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal') , Pala. The above Original Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by him in a road traffic accident.

(2.) According to appellant, on 15.04.2010, when he was riding his motorcycle, the offending Maruti car was proceeding in front of the motorcycle. When the said car driven by the 2nd respondent, overturned right, without showing signal, the car hit on the motorcycle and the motorcycle overturned, causing injuries to him. The accident has occurred due to the rash and negligent driving of the car by the 2nd respondent. So, the respondents 1 and 2, who are the owner and driver of the said car is liable to pay compensation to him and the 3rd respondent Insurance Company is liable to indemnify the 1st and the 2nd respondents by paying compensation to him.

(3.) The 1st and 2nd respondents remained ex partes and the 3rd respondent filed written statement admitting the policy and contending that the 2nd respondent was not having a valid driving licence and the accident occurred due to the rash and negligence of the petitioner in riding the motorcycle.