BIJU Vs. VINEETH K.R.

JUDGEMENT

(1.) The appellant, who is the petitioner in OP(MV) No.684/2013 on the files of the Motor Accidents Claims Tribunal, Pala, is in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by the Award dated 31.03.2016 of the Tribunal.

(2.) In his OP(MV), the appellant stated that on 6.02.2013, when the appellant was travelling on a motorcycle through Thodupuzha - Erattupetta Road, a motorcycle bearing No.KL-07AE-8122 hit the motorcycle of the appellant at Muttom Junction. The offending motorcycle was ridden by the first respondent in OP(MV). The said vehicle was driven in a rash and negligent manner. As a result of the accident, the appellant sustained serious injuries. The appellant initially claimed Rs. 5,64,000/- as compensation which was later enhanced to Rs. 12,43,000/-.

(3.) The rider of the offending motorcycle and the owner thereof remained ex-parte. The respondent-insurer alone contested the petition. In the written statement, the respondent stated that the appellant is colluding with the rider of the offending motorcycle. The amount claimed as compensation is highly excessive. No disability has been caused to the appellant due to the injuries from the accident. The appellant had no job or income. The accident occurred due to the negligence of the appellant. The insurer, however, admitted policy coverage in respect of the offending vehicle.