K.V. RAMAKRISHNAN Vs. PRASAD.P.P

JUDGEMENT

(1.) THIS appeal is at the instance of the injured claiming enhanced compensation from the respondents.

(2.) THE accident occurred on 11.02.2002 at about 5.30p.m. The Motor Accident Claims Tribunal, Irinjalakkuda (for short, "the Tribunal") found that the accident occurred due to the negligence of the second respondent, driver of the offending vehicle as per the case of the appellant. The Tribunal fixed compensation payable to the appellant at '.28,617/- with interest @7% per annum from the date of application till recovery. The third respondent, insurer was exonerated from liability for the reason that on the date of the accident the second respondent was not having a valid driving license. The appellant was allowed to realise the amount from the respondents 1 and 2.

(3.) THE learned counsel for the first respondent contended that the first respondent had transferred the vehicle to the second respondent even prior to the accident.