ZAKEER HUSSAIN Vs. JAYAKUMAR

JUDGEMENT

(1.) This appeal is filed by the applicant/appellant against the award in O.P.(M.V.) No.995 of 2014 dtd. 14/8/2018 of Additional Motor Accident Claims Tribunal - IV, Thiruvananthapuram.

(2.) The brief facts of the case is as follows:- On 20/2/2014 at 8.45 p.m., when the petitioner was walking through Killippalam - Attakkulangara public road and when he reached near Attakkulangara Junction, a lorry bearing Reg.No.KL 20-A-5252 driven by the first respondent in a rash and negligent manner and in over speed, hit the petitioner from behind and thereby he fell down and sustained serious injuries.

(3.) The first respondent/ owner of the vehicle was set ex-parte. The 2nd respondent Insurance company filed a written statement contending that the petition is not maintainable. It was admitted that the lorry bearing Reg.No.KL 20 A 5252 was validly insured at the time of accident. There was no negligence on the part of the first respondent and the accident occurred only because of the negligence on the part of the petitioner. The Tribunal, relying on Ext.A1 to A11 and the oral evidence of PW1, awarded a compensation of Rs.15,91,600.00 with 9% interest from the date of petition. Aggrieved by the same, this appeal is filed.