THE ORIENTAL INSURANCE COMPANY LIMITED, TIRUVALLA Vs. HARIPRASAD

JUDGEMENT

(1.) THIS appeal is filed by the third respondent, Insurance Company in O.P.(M.V.) No. 1619 of 2003 on the file of M.A.C.T., Mavelikkara. The case of the petitioner in the O.P.(M.V.) is briefly as follows. On 16.6.2003 the petitioner was travelling as a pillion rider in a scooter from Mulakkuzha to Parappattu through the public road and when he reached at the place of accident, a jeep bearing registration No. KL. B -7412 driven by the second respondent in a rash and negligent manner hit against the scooter, as a result of which the petitioner sustained serious injuries. First respondent was the owner and third respondent was the insurer of the jeep. The petitioner claimed Rs. 6,11,000/ - as compensation.

(2.) RESPONDENTS 1 and 2 remained ex -parte. Third respondent filed written statement admitting the policy of the jeep and contended that the accident was not due to the negligence of the second respondent and that the compensation claimed is excessive.

(3.) WHEN this appeal came up for admission the learned counsel for the appellant submitted that the compensation awarded under various heads is on the higher side, especially the compensation awarded under the head 'compensation for permanent disability'.