FAIZAL ALIAS FAIZALUDHEEN Vs. FAROOK S/O.KHADER

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(M.V.) No.83 of 2010 on the file of M.A.C.T., Ottapalam.

(2.) THE case of the petitioner in the O.P.(M.V.) is briefly as follows. The accident occurred on 13.12.2009 at about 7.30 A.M. at Malleswamangalam. On that day, the petitioner was a pillion rider on the motor cycle bearing Reg.No.KL-9-K/1324 ridden by the first respondent, rashly and negligently,and when reached at the accident spot,the vehicle capsized on the road and the petitioner sustained severe injuries.The accident occurred solely due to the negligence of the first respondent,the rider of the motor cycle,2nd respondent was the owner and the 3rd respondent was the insurer of said vehicle. The petitioner claimed Rs.5,00,000.00 as compensation. Respondents 1 and 2 remained ex-parte. Third respondent filed written statement admitting the policy 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 PWs1 and 2 were examined and Exts.A1 to 18 and B1 were marked. 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.2,47,000.00 to the petitioner together with interest at the rate of 7% per annum from 9.2.2010 till the date of realisation 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.

(3.) LEARNED counsel for the appellant submitted that the compensation awarded is on the lower side and that the appellant is entitled to get enhanced compensation. Learned counsel for the Insurance Company supported the award.