SATHYAPALAN Vs. SHAJI M.N.

JUDGEMENT

(1.) PETITIONER in O.P.(MV) No. 2368/2003 on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. The appellant filed the application claiming compensation for the injuries and consequent disability sustained by him in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle owned and driven by the 1st respondent and insured with the 2nd respondent. After considering the evidence on record, the Tribunal apportioned the liability between the rider of the motor cycle and the 1st respondent as 50% each and assessed a total compensation of Rs. 8,000/- on various heads as follows and awarded Rs. 4,000/- with interest at the rate of 7% per annum payable by the 2nd respondent:

(2.) WE heard counsel for the appellant and counsel for the Insurance Company.

(3.) ON the other hand, counsel for the Insurance Company argued that in the absence of any evidence adduced on the side of the appellant, the Tribunal was justified in apportioning the liability between the rider of the motor cycle and the 1st respondent and the compensation awarded is just and proper and no interference is called for.