GOPAN Vs. LALJI P.

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(M.V.) No. 1001 of 2006 on the file of M.A.C.T., Alappuzha. The case of the petitioner in O.P.(M.V.) is briefly as follows. The accident occurred on 11.6.2005 at about 10.15 A.M. in front of S.B.T. at Punnapra on the Alappuzha - Kollam National Highway Road. At that time the petitioner was riding a motor cycle and when he stopped it for crossing the road, another motor cycle bearing Reg. No. KL -4/J -328 ridden by the first respondent in a rash and negligent manner hit on the motor cycle belonging to the petitioner as a result of which the petitioner sustained serious injuries. First respondent was the owner -cum -rider of the offending vehicle and second respondent was the insurer. The petitioner claimed Rs. 1,07,332/ - as compensation.

(2.) FIRST respondent remained ex -parte. Second respondent filed written statement admitting the policy of the offending vehicle and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive. Before the Claims Tribunal no oral evidence was adduced from both sides. Exts. A1 to 10 were marked on the side of the petitioner. 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. 26,447/ - to the petitioner together with interest at the rate of 7.5% per annum from 31.8.2006 till the date of realisation from the respondents and the second respondent was ordered to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded the petitioner filed this appeal.

(3.) THE Claims Tribunal awarded compensation under various heads as follows: