E.V.JAYAPRAKASH Vs. P.V.RAJAN

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(MV) No.1797 of 2004 on the file of the Motor Accidents Claims Tribunal, Thrissur.

(2.) THE case of the petitioner in the O.P.(MV) is briefly as follows : While the petitioner was riding his bicycle from Peringottukara to Cherpu through the public road, the Bajaj Tempo Minidor (goods vehicle) bearing No.KL-8-M/2113 driven by the second respondent hit against the rear side of the petitioner's bicycle and caused grievous injuries to the petitioner and damage to the bicycle. The accident occurred solely due to the rash and negligent driving of the second respondent. The first respondent was the owner of the offending vehicle and the third respondent was the insurer. The petitioner claimed Rs.1,50,500.00 as compensation.

(3.) BEFORE the Claims Tribunal, no oral evidence was adduced from both sides. Exts.A1 to A10 and B1 and B2 were marked. The Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the second respondent and awarded a compensation of Rs.33,500.00 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 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.