ANILKUMAR M.M Vs. AJI

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(MV) No.185 of 2007 on the file of the Motor Accidents Claims Tribunal, Ernakulam.

(2.) THE case of the petitioner in the O.P.(MV) is briefly as follows : On 27.9.2006 at about 8.15 a.m., while the petitioner was travelling as a pillion rider in a motorcycle bearing Registration No.KL-7/AZ 5816 from Parur to Tripunithura towards east and when he reached at Thaikoodam, a stage carriage bearing Registration No.KL-17/D 9295 which came from the same direction hit on the motorcycle and thereby, the petitioner fell down on the road and sustained serious injuries. The accident was due to the rash and negligent driving of the first respondent who was the driver of the offending vehicle. The third respondent was the insurer. Respondents 4 to 6 are the rider, owner an insurer of the motorcycle respectively. The petitioner claimed Rs.4,00,000.00 as compensation.

(3.) BEFORE the Claims Tribunal, the petitioner filed proof affidavit and Exts.A1 to A12 were marked. The learned 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.1,83,601.00 to the petitioner together with interest at the rate of 8% per annum from the date of petition till the date of realization from the respondents 1 to 3 and the third respondent was directed to deposit the amount as the insurer. Against the quantum of compensation awarded, the petitioner filed this appeal.