RAVISHANKAR Vs. VIJAYAN

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(M.V.) No.125 of 2009 on the file of the M.A.C.T., Kasargode.

(2.) THE case of the petitioner in O.P.(M.V.) No.125 of 2009 is briefly as follows. On 30-1-2009 at about 9.00 A.M. while the petitioner was riding his two wheeler bearing Reg.No. KL.14.G/1676 and when reached at Naimarmoola at about 9.05 A.M., a motor cycle bearing Reg.No.KL.14.E/7794 ridden by the first respondent came in a rash and negligent manner and knocked the petitioner down. Due to the impact of hit the petitioner sustained grievous injuries and he was taken to Carewell Hospital, Nullippady, Kasargode. The accident was solely due to the rash and negligent riding of motor cycle by the first respondent. First respondent is the owner and second respondent is the insurer of the bike. The petitioner claimed Rs.4,00,000.00 as compensation.

(3.) BEFORE the Claims Tribunal no oral evidence was adduced from both sides. Exts.A1 to 9 series and X1 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 first respondent and awarded a compensation of Rs.2,08,279.00 together with interest at the rate of 8% per annum from the date of petition till the date of realisation from respondents and the second respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded the petitioner filed this Appeal.