ABDUL LATHEEF T.K. Vs. BABU C.A.

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(MV) No. 1561 of 2008 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The case of the appellant/petitioner is briefly as follows : On 9.7.2008 at about 7.15 p.m., while the appellant was travelling as a pillion rider in a Motorcycle bearing Registration No. KL -4/M -5512 through Thoppumpady -Palluruthy road towards south and when the appellant reached at Thangal Nagar Junction, a Jeep bearing Registration No. KL -2/M -8989 hit on the appellant and thereby he sustained serious injuries. The accident was due to the rash and negligent driving of the first respondent, who was the driver of the Jeep. The second respondent was the owner and the third respondent was the insurer of the Jeep. The petitioner claimed Rs. 3,00,000/ - as compensation. Respondents 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the Jeep and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive.

(2.) BEFORE the Tribunal, no oral evidence was adduced from the side of the petitioner. Exts. A1 to A15 were marked on the side of the petitioner. No evidence was adduced from the side of the respondent. The learned 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. 2,01,174/ - to the petitioner together with interest at the rate of 9% per annum from the date of petition till the date of deposit from the respondents and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded, the petitioner filed this appeal.

(3.) THE learned counsel for the appellant submitted that the compensation awarded is very low and that the appellant is entitled to get enhanced compensation under various heads. The learned counsel appearing for the Insurance Company supported the award.