K.D. DEEPAK, S/O. THE LATE K.K. DIVAKARAN, KANDAMKULATHIL HOUSE POOTHOLE DESOM, SANKARA IYER ROAD, THRISSUR Vs. A. JITHENDRAN, S/O. CHANDRAN, APANATH HOUSE THRIKKUMARAKUDAM COLONY P.O., AYYANTHOLE, THRISSUR,

JUDGEMENT

(1.) M .A.C.A. No. 1497 of 2012 is filed by the petitioner in O.P. (M.V.) No. 446 of 2004 and M.A.C.A. No. 1575 of 2012 is filed by the petitioner in O.P.(M.V.) No. 448 of 2004 on the file of the M.A.C.T., Thrissur. The common case of the petitioners in both the O.P. (M.V.) s is briefly as follows. On 25.12.2002 while the petitioners in both the above O.P.(M.V.) s were travelling in a motor bike bearing Reg. No. KL 8 -Q 7583 through the Kottappuram road at Thrissur, an autorikshaw bearing Reg. No. KL -8 P. 3420 driven by the second respondent in a rash and negligent manner hit the motor bike as a result of which both the petitioners sustained serious injuries. First respondent was the owner and third respondent was the insurer of the autorikshaw. The petitioner in O.P.(M.V.) No. 446 of 2004 claimed Rs. 1,50,000/ - as compensation. The petitioner in O.P.(M.V.) No. 448 of 2004 claimed Rs. 2,00,000/ - as compensation.

(2.) RESPONDENTS 1 and 2 remained ex -parte in both the cases. The third respondent filed a written statement admitting the policy of the autorikshaw and contended that the accident was not due to the negligence of the second respondent and that the compensation claimed is excessive. Before the Claims Tribunal both the above O.P.(M.V.) s were tried jointly. No oral evidence was adduced from both the sides. Exts. A1 to 12 and B1 and B2 series were marked. The Claims Tribunal on considering the evidence on record found that the accident was due to the rash and negligent driving of the second respondent and awarded a compensation of Rs. 18,000/ - to the petitioner in O.P.(M.V.) No. 446 of 2004 together with interest at the rate of 8% per annum from 26 -12 -2004 till the date of deposit from respondents and the third respondent was directed to deposit the amount as the insurer. In O.P.(M.V.) No. 448 of 2004 a compensation of Rs. 38,000/ - was awarded to the petitioner together with interest at the rate of 8% per annum from 26.2.2004 till the date of realisation from respondents and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the compensation awarded, the petitioner in O.P.(M.V.) No. 446 of 2004 filed M.A.C.A. No. 1497 of 2012 and the petitioner in O.P.(M.V.) No. 448 of 2004 filed M.A.C.A. No. 1575 of 2012.

(3.) IN O.P.(M.V.) No. 446 of 2004, the Claims Tribunal awarded compensation under various heads as follows: