MATHEW AUGUSTHY @ SHAJI Vs. VARGHESE V.MATHEW

JUDGEMENT

(1.) IN this appeal under Section 173 of the Motor Vehicles Act, the petitioner in O.P. (MV)911/2003 assails the inadequacy of the compensation awarded.

(2.) THE brief facts leading the above petition are that, at 8.45 p.m. on 27.11.2002, while the appellant travelling in an autorickshaw bearing Reg. No.KL-5/E-4898 along Pala-Ponad road, a car bearing registration No.KL-5/A-2867 owned and driven by the 1st respondent, and insured by the 2nd respondent hit against the autorickshaw and as a result, the petitioner sustained severe injuries. Petitioner filed the above petition before the Tribunal contending that the accident occurred because of the rash and negligent driving of the 1st respondent and hence both the respondents are liable to compensate the appellant.

(3.) FIRST respondent though entered appearance did not file any written statement. While admitting the insurance liability, the 2nd respondent in its written statement contended that the accident occurred because of the rash and negligent driving of the car by the 1st respondent, the 1st respondent had no driving licence to drive a commercial vehicle and therefore there is violation of the policy condition and that the 2nd respondent is not liable to compensate the appellant. Appellant was also put to strict proof regarding the age, income and the nature of injuries sustained.