P.F. THOMAS Vs. K.R. AUGUSTINE

JUDGEMENT

(1.) THE 1st respondent in O.P. (M.V.) 335 of 1983 on the file of the Motor Accidents Claims Tribunal, Ernakulam, is the appellant. In the application filed under Section 110A of the Motor Vehicles Act compensation of Rs. 2, 92, 950/- was claimed alleging that in an accident which took place on 7-3-1981 at about 10 a.m. near Ayyappankavu, Ernakulam, involving motor car No. K.L.O. 2080, owned by the appellant, the 1st respondent-claimant sustained injuries, particularly to his head as a result of which he became mentally sick. The vehicle at the time of the incident was driven by the 2nd respondent. The 1st respondent alleged that the accident was caused by the negligence of the driver of the car. The appellant was also in the car at the time of the incident and he was vicariously liable.

(2.) THERE is a delay of over one year nine months to file the petition which was condoned by the Tribunal by order in I. A. No. 719(a)/83. The 3rd respondent, father was permitted to prosecute the petition on behalf of his son, 1st respondent

(3.) THE 2nd respondent, driver also denied that the vehicle was driven rashly and negligently and maintained that the 1st respondent himself was responsible for the accident. Exception was taken to the claim on several grounds as well, which are, however, not material for the purpose of this appeal.