VIJAYAN Vs. R MANIVANNAN

JUDGEMENT

(1.) Appellants in M.A.C.A. No. 681/2005 are the claimants in O.P. (MV) No. 771/ 2001 on the file of Motor Accident Claims Tribunal, Thrissur. Appellant in M.A.C.AV No. 490/2005 is the third respondent therein. They challenge the judgment and award of the Tribunal dated December 1,2004 awarding a compensation of Rs. 30,22,110/- for the loss caused to the first appellant in M.A.C.A. No. 681/2005 on account of the injuries sustained by him in a motor accident. The facts in brief is this:

(2.) Respondents 1 and 2, the owner and the rider of the offending motor cycle filed a joint written statement admitting the accident, but attributed negligence to the first claimant. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy of the offending vehicle.

(3.) PW1 was examined and Exts.A1 to A22 series were marked on the side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident' occurred due to the negligence of the second respondent and awarded a compensation of Rs. 30,22,110/- with interest @ 6% per annum from the date of petition and a cost of Rs. 45,500/-against respondents 1 to 3. The claimants and the Insurance Company have-now come up in appeal challenging the quantum of compensation awarded by the Tribunal.