UNITED INDIA INSURANCE CO LTD Vs. KAMMAD

JUDGEMENT

(1.) The owner and insurer of a passenger car bearing registration KLM 3013 have filed this appeal under S.110 of the Motor Vehicles Act from the award of the Motor Accidents Claims Tribunal, Manjeri in M.A.C. No. 251 of 1981. They were respondents 3 and 2 respectively before the Tribunal in the application filed by the first respondent under S.110A of the Motor Vehicles Act.

(2.) The short facts which led to this appeal are as follows: The first respondent herein, who is the applicant before the Tribunal and will be referred to in this judgment as the claimant, was knocked down by the car driven by the second respondent at about 10.00 p.m. on 23-8-1979 at Pazhayangadi near kondotty. At that time, he was riding a bicycle from east to west along the southern side of the road. The passenger car, KLM 3013 came from the opposite direction ia a rash and negligent manner and knocked down the bicycle and the claimant. Consequent on the injury sustained by him, his right leg was amputated below the knee. He sustained other injuries also. The claimant was engaged as a workman in a granite quarry and was earning Rs. 600/- to Rs. 750/- per month from his occupation. Consequent on the injury sustained by him and the amputation of his limb, he was disabled from taking up any serious avocation involving physical exertion. He claimed that he also lost the amenities of life for all times. He, therefore, claimed an amount of Rs. 1,31,800/- from the owner driver and the insurer of the passenger car.

(3.) The claimant examined himself, two doctors and an eye witness to the accident as witnesses. He also produced Ext.Al medical certificate issued by PW-2 and Exts A2 to A8 cash books for purchase of medicines. The respondents examined a passenger of the car as RW-1. The attempt of the appellant was to show that the accident occurred not due to the negligence of the driver of his car, but entirely due to the rashness and negligence on the part of the claimant.