K.A. IBRAHIM Vs. GIREESH K.R.

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (MV)No. 459/2010 of the Motor Accidents Claims Tribunal, Muvattupuzha by the owner of the vehicle. The first respondent in this case sustained injuries in a motor accident and the Motor Accidents Claims Tribunal awarded compensation of Rs. 33,790.00 and directed the insurer to satisfy the award and reimburse the amount from the owner. Being aggrieved by that the owner of the motor cycle KL- 38/2033 preferred this appeal.

(2.) It would be relevant and useful to refer the facts leading to the accident. The first appellant's case in the lower court was that on 21.02.2010 at 11.00 am, he was riding a motor cycle KL-2/J 164 through Kurukkanad - Cheppukulam public road, when he reached at Kampinipady, another motor cycle KL-38/2033 driven in a rash and negligent manner from the opposite side hit against his motor cycle. As a result, he sustained serious injuries. In the lower court, the rider of the offending motor cycle filed a written statement and contended that he was not the rider of the vehicle, but one K.M. Abdul Karim, Kochuparambil House, Thattakuzha (RW2) was the rider at the time of accident. The Police foisted a false case against him and the insurer is liable to pay the compensation. The second respondent was set ex-parte. The insurer admitted the insurance of the offending vehicle, but contended that the rider was not holding a valid driving licence at the time of accident.

(3.) The claimant and insurer were satisfied with the award, they have not challenged this award by way of appeal, now they have not filed any cross objection. In this backdrop, it is not necessary to discuss the correctness of this finding with regard to the award amount. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A8. Respondents evidence consist of oral testimony of RW1 and RW2 and documentary evidence of Exts.B1 to B3.