IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
BIJUKUMAR – Appellant
Versus
PADMAJAN – Respondent
| Table of Content |
|---|
| 1. tribunal dismissed claim for lack of negligence evidence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appeal allowed; remanded for fresh consideration with additional evidence. (Para 7) |
JUDGMENT This appeal arises from the order of the Motor Accidents Claims Tribunal (hereinafter referred to as “the Tribunal”), Mavelikkara, which dismissed OP(MV) No. 759 of 2011 filed by the appellant/claimant seeking compensation under Section 166 of the Motor Vehicles Act, 1988 for the injuries sustained by him in a motor vehicle accident.
2. The case of the claimant is that on 13.02.2011 at about 7.30 p.m., while the claimant was riding his bicycle, and when he reached at Kakkanad Junction, he was knocked down by a motorcycle bearing Reg.No.KL 29 /4 4994 driven by the 1st respondent in a rash and negligent manner. As a result of the accident claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent riding of the motorcycle by R1, who was the owner cum- driver of the motorcycle. The 2nd respondent is the insurer of the offending vehicle. Claimant sought compensation under Section 166 of the Motor Vehicles Act from respondents 1 and 2.
3. Th
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