SHAJAHAN U.S. Vs. K. SUNDARESH G. PAI

JUDGEMENT

(1.) The claimant in a proceedings for compensation under Section 166 of the Motor Vehicles Act, 1988 (the Act) before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal in dismissing the claim petition.

(2.) The claim petition was filed alleging that on 25/05/2008, while the claimant was riding a motorcycle through the Aroor - Vyttila road from south to north with his mother on the pillion of the vehicle, a motor car owned and driven by the first respondent came from behind in a rash and negligent manner and hit him. It is also alleged by the claimant that he fell on the road on account of the impact of the hit and sustained injuries. A sum of Rs. 2,00,000/- was claimed, in the circumstances, by the claimant by way of compensation in the proceedings.

(3.) The first respondent remained ex parte. The second respondent, the insurer of the car, contested the claim petition contending that the accident occurred on account of the negligence of the claimant and they have, therefore, no liability. The Tribunal noticed that the case pleaded by the claimant as regards the accident is that the car driven by the first respondent came from behind and hit the claimant. According to the Tribunal, insofar as the claimant was riding the motorcycle with his mother on the pillion of the vehicle, it is impossible to have an occurrence as pleaded by the claimant. Consequently, the Tribunal dismissed the claim petition holding that the claimant who is bound to plead and prove negligence on the part of the first respondent in a case of this nature has failed to do so. As noted, the claimant is aggrieved by the said decision of the Tribunal.