MATHEW ALEXANDER Vs. BHASKARAN PILLAI SREEDHARAN PILLAI

JUDGEMENT

(1.) This appeal is by the petitioner in an application under S.110A of the Motor Vehicles Act. The application was for compensation for the personal injuries which he sustained on 13-1-1975. On that day he was travelling in a scooter from Thiruvalla to Chingavanam. While so a car belonging to the 2nd respondent and driven by the 1st respondent came from the opposite direction and knocked him down. He sustained serious injuries on his legs and consequently his right leg had to be amputated. He alleged that the accident occurred due to the rash and negligent driving of the 1st respondent. The petitioner was aged 35. He was a businessman. He claimed an amount of Rs. 965/- towards special damages and an amount of Rs. 20,000/- towards general damages, thus claiming a total amount of Rs. 20,965/- as compensation for the personal injuries sustained by him. The 2nd respondent being the owner of the vehicle was sought to be made vicariously liable and the insurer of the car was impleaded as the 3rd respondent.

(2.) Respondents 1 and 2 filed a written statement denying rashness or negligence on the part of the 1st respondent and contending that the amputation of the right leg was not the direct result of the accident. They challenged the quantum of compensation claimed. The other averments in the application were also denied by them.

(3.) The 3rd respondent admitted the existence of the valid policy for the vehicle and generally supported the contentions of respondents 1 and 2.