P T FIROZ KHAN Vs. T K HAMZA

JUDGEMENT

(1.) THE appellant, a vehicle broker who sustained very serious injuries including fracture left clavicle, fracture left zygoma-maxilla including left hemiparesis, leading to serious psychological problems complains that he did not receive adequate compensation at the hands of the Motor Accidents Claims Tribunal in an accident which was caused by the rider of a motorcycle on which he was pillion riding. The learned Tribunal allowed Rs. 22,100/- as compensation as against the appellant's claim for Rs. 3 lakhs. Apart from that on a finding that the policy issued by the Insurance Company in respect of the motorcycle does not cover pillion riders, the learned Tribunal exonerated the Insurance Company from the liability of paying the compensation and fastened the entire liability on the first respondent who was the owner cum rider of the motorcycle.

(2.) IN this appeal the challenge is against the adequacy of the compensation awarded and also against the order exonerating the Insurance Company from the liability.

(3.) THE learned Standing Counsel for the Insurance Company would submit on the basis of the copy of the policy that the policy did cover pillion riders also. However, it was submitted that there is no inadequacy in the compensation awarded.