JUDGMENT

The appellant was the third respondent in OP(MV)

761/2004 on the file of the Motor Accidents Claims Tribunal, Thalassery. The first respondent was the claimant and respondents 2 and 3 were the respondents 1 and 2 in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

2. The petitioner had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988, inter alia, contending that on 4.9.2002 while he was riding pillion on motor cycle bearing registration No.KL-13F/5528 ridden by the second respondent, the second respondent took a rash and negligent turn on the public road near a Garment Shop at Perumba and as a result the petitioner fell down and sustained serious injuries. He was treated at the Payyannur Nursing Home as an inpatient till 21.10.2002. He had to undergone a surgery. The accident occurred due to the rash and negligent driving on the part of the second respondent. The first respondent is the owner and the third respondent was the insurer of the motor cycle. The respondents 1 to 3 were jointly and severally liable to pay compensation to the petitioner, which he quantified at Rs.2,00,000/-