GEETHA O.M. Vs. K. RADHAKRISHNAN AND OTHERS

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.936 of 2009 on the files of the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal'), Ottapalam. The aforesaid Original Petition was filed under section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by her in a road traffic accident.

(2.) According to the appellant, on 11.06.2009, at about 15.30 hours, while she was riding on a scooter from Kulappully to Shoranur and when she reached near Mayilvahanam petrol pump, the offending bus, which was going forward in front of the scooter and driven by the 1st respondent in a rash and negligent manner stopped suddenly, without giving any signals and thereby the scooter ridden by the appellant, which was coming behind the bus hit the rear side of the bus and thereby the appellant thrown away from the scooter and sustained serious injuries. According to the appellant, the accident was caused by the rash and negligent driving of the bus by the 1st respondent and thereby respondents 1 and 2 are liable to pay compensation to her and the 3rd respondent Insurance Company is liable to indemnify the respondents 1 and 2 by paying compensation to her. She claimed Rs. 4,00,000/- as compensation under various heads of claim.

(3.) Respondents 1 and 2 remained absent and they were set ex parte. The 3rd respondent filed a statement, denying all the averments including negligence attributed against the 1st respondent, the driver of the bus. But, admitted the coverage of the insurance policy issued by them to the 2nd respondent. Further, it is specifically contended that the accident has occurred due to the sole negligence of the appellant herself. So, she is not entitled to get compensation, as claimed by her.