SREEVALSALAM T R Vs. JAIMON T KURUVILLA

JUDGEMENT

(1.) The appellant, a 32 year old labourer approached the Motor Accidents Claims Tribunal claiming a sum of Rs. 3 lakhs as compensation on account of the injuries sustained by him in a road traffic accident occurred on 28-5-1996. Allegedly, the appellant, who was a pillion passenger of a scooter met with an accident as the scooter collided with a lorry coming from the opposite direction. The first respondent was at the wheels of the lorry. It was insured with the third respondent-Insurance Company.

(2.) Against the claim, the learned Tribunal awarded a sum of Rs. 65,580 as compensation attributing negligence against the driver of the lorry and the rider of the scooter in the ratio 1:1.

(3.) In this appeal, the appellant is mainly challenging the adequacy of compensation awarded. In addition to that the appellant has taken a contention that the accident was due to the composite negligence of the driver of the lorry as well as the rider of the scooter and the appellant being a pillion rider, is only a third party and he be permitted to realise the compensation from the insurer of any one of the vehicles as the liability of driver, owner and insurer of both the vehicles are joint and several.