JAYAKUMAR P.K. Vs. JIBIN

JUDGEMENT

(1.) FIRST respondent is served. There is no response. Second respondent appears through counsel.

(2.) THIS appeal is against the award dated 21.01.2013 in O.P (M.V).No.341 of 2008 of the Motor Accident Claims Tribunal, Muvattupuzha (for short, "the Tribunal"). Appellant suffered injuries in a motor accident on 11.11.2007. Autorikshaw owned and driven by the first respondent hit the motor cycle which the appellant was riding. The Tribunal found that the accident occurred due to the negligence of the first respondent and assessed compensation payable to the appellant at Rs.76,800/-. Upholding contention of the second respondent that the first respondent was not having a badge at the time of accident and that amounts to violation of policy condition, the second respondent was permitted to recover the amount on payment of the same to the appellant. Appellant is aggrieved by the quantum of compensation.

(3.) LEARNED counsel for the second respondent contended that no further enhancement of compensation is required.