P. SREESHAN Vs. SHARATH KUMAR

JUDGEMENT

(1.) M .A.C.A. No.1852 of 2012 is filed by the petitioner in O.P. (M.V.) No.35 of 2007 and M.A.C.A.No.1853 of 2012 is filed by the petitioner in O.P.(M.V.) No.1518 of 2006 on the file of M.A.C.T., Thalassery.

(2.) THE case of the petitioners in O.P.(M.V.)s is briefly as follows. On 19.8.2004 at about 9.45 p.m., at Melechova, near the National Highway Junction, while the petitioner in O.P.(M.V.) No.1518 of 2006 was riding a motor cycle bearing registration No.KL.11.K/7196 and the petitioner in O.P.(M.V.) No.35 of 2007 was the pillion rider, the lorry driven by the second respondent in a rash and negligent manner dashed against the motor cycle as a result of which they sustained serious injuries. The petitioner in O.P.(M.V.) No.1420 of 2006, who was standing on the road also sustained injuries. First respondent was the owner and third respondent was the insurer of the lorry. In O.P.(M.V.) No.35 of 2007 and O.P.(M.V.) No.1518 of 2006 respondents 1 and 2 remained ex-parte. Third respondent filed written statement admitting the policy of the lorry and contended that the accident was not due to the negligence of the second respondent and that the compensation claimed is excessive.

(3.) HEARD learned counsel for the appellants and learned counsel for the Insurance Company. Learned counsel for the appellants submitted that the compensation awarded in both the cases is on the lower side and that the appellants in both the cases are entitled to get enhanced compensation under various heads. Learned counsel for the Insurance Company supported the award.