RAMESH AND ANOTHER Vs. MANI, S/O. VASUDEVAN

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 649 of 2008 of the Motor Accidents Claims Tribunal, Palakkad by the owner of the vehicle. On 05.05.2007 at 5.45 p.m., the 1st respondent in this appeal was walking along the side of the road Padalodenmedu at that time, a motorcycle KL-09/M-1701 driven in a rash and negligent manner knocked down him, as a result he sustained serious injuries and immediately he was removed to hospital. After discharging from the hospital, he was paralyzed and bed ridden. The learned Tribunal awarded Rs. 3,49,850/- (Rupees Three Lakh Forty Nine Thousand Eight Hundred and Fifty only) with interest and cost as compensation and directed the owner to pay the award amount. Being aggrieved by that, the owner of the vehicle preferred this appeal.

(2.) In the lower court, driver and owner of the vehicle contended that the injured was walking along the middle of the road by pushing a bicycle. The claimant was in an inebriated condition and fell down on the middle of the road, thereby the motorcycle hit on him and he sustained injuries. Claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A13(aq). Respondent's document was marked as Ext.B1.

(3.) Learned counsel appearing for the appellants contended that there was no negligence from the side of the rider of the motorcycle and the accident was due to the negligence of the injured himself. The wound certificate issued by the Doctor shows that the injured had the smell of alcohol at the time of examination. Moreover, in the Criminal case accused was acquitted after trial. The rider of the motorcycle was not holding a valid driving licence is not a ground to fasten liability upon the appellant.