MOHAMMED YASEEN Vs. D. SURENDRANATH

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the second respondent/insurer, and the appeal is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) The appellant, a minor as on the date of the accident, has preferred this appeal, calling in question the Judgment and Award dated 17.02.2012 in MVC No.163/2007 on the file of the Senior Civil Judge & Additional MACT, Harihar ['Tribunal', for short]. The Tribunal by the impugned judgment and award has rejected the appellant's claim petition as against the insurer - respondent is rejected while awarding a sum of 1,25,194/- to the appellant only as against the owner of the offending vehicle. The appellant has therefore preferred this appeal.

(3.) The undisputed facts are that on 7.1.2017, the appellant and his mother were travelling in an autorickshaw bearing registration No. KA-17-A-3100 from Bhanuvalli to Harihar, and because the driver of the autorickshaw was rash and negligent in driving, the appellant was thrown out of the autorickshaw. The appellant suffered. The Tribunal, on appreciation of the evidence on record, has granted total a sum of Rs.1,25,194/- under the following heads: