SALIM Vs. ABDUL SALIM

JUDGEMENT

(1.) The petitioner in OP(MV) No.261/2012 of the Motor Accidents Claims Tribunal, Alappuzha is in appeal against Award dated 31.03.2015 of the Tribunal, invoking Section 173 of the Motor Vehicles Act, 1988.

(2.) The appellant sustained injuries when a van driven by the 1st respondent caused an accident on 07.08.2011 by hitting a two wheeler on which the appellant was a pillion rider. The appellant had to be treated at Medical College Hospital, Alappuzha. The appellant was partially disabled, due to the injuries. He was treated as an in-patient in the hospital for about 70 days. PW1 Doctor certified that the appellant had suffered 25% disability. The appellant limited his claim before the Tribunal to Rs.4,50,000/-.

(3.) The 3rd respondent-insurer contested the claim, filing written statement. The insurance policy was admitted. The accident occurred due to the negligence of the driver of the two wheeler, contended the 3rd respondent. The injuries sustained by the appellant, his disability and other claims were refuted.