ULAHANNAN Vs. RAJEESH

JUDGEMENT

(1.) The appellant is the claimant in O.P(MV)No.426 of 2013 on the file of the Motor Accidents Claims Tribunal, Wayanad, Kalpetta, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 11.04.2013, while he was travelling in a jeep bearing registration No.KL-12/E-5225. At the place of accident, the jeep was hit by a tipper lorry bearing registration No.KL-58/G-3773, driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. In the accident, he sustained injuries. Alleging that the accident occurred due to the rash and negligent driving of tipper lorry by the 1st respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.22,00,000/- under various heads.

(2.) Before the Tribunal, the 1st respondent driver and the 2nd respondent owner remained absent and they were set ex parte.

(3.) The 3rd respondent insurer filed written statementadmitting insurance coverage of the tipper lorry involved in the accident; however, denying the negligence alleged against its driver. The insurer contended that the compensation claimed is highly excessive.