RAJEEV C. S. Vs. MANOJ M. A.

JUDGEMENT

(1.) Aggrieved by the Award in OP(MV) No.486/2012 dated 31.10.2014 of the Motor Accidents Claims Tribunal, Kottayam, the appellant who is the petitioner in the OP(MV), has filed this appeal invoking Section 173 of the Motor Vehicles Act, 1988.

(2.) In the OP(MV), the appellant stated that on 09.12.2011, while the appellant was driving a car, a lorry driven by the 1st respondent from the opposite direction hit on the car and the appellant sustained serious injuries. The appellant was taken to MGDM Hospital, Kangazha, from where he was referred to the Medical College Hospital, Kottayam. The appellant had to be treated there as an in-patient from 09.12.2011 to 30.12.2011. The accident occurred solely due to the rash and negligent driving by the 1 st respondent. The appellant was aged 32 years and was earning Rs.10,000/- per month as a driver. The appellant claimed the compensation of Rs.4 lakhs.

(3.) The 3rd respondent-insurer contested the OP(MV). The insurance policy of the lorry was admitted. The 3rd respondent stated that the accident occurred due to the rashness and negligence of the appellant himself in driving his car. The statements of the appellant regarding his occupation, income, nature of the injuries and the period of treatment, were denied by the 3rd respondent.