E.DIVAKARAN Vs. JAYAPRAKASH NARAYANAN.K.R.

JUDGEMENT

(1.) THE claimant in OP(MV) No.81/08 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, is the appellant.

(2.) HE , while driving an autorickshaw bearing Registration No.KL-11/M-2098, happened to hit on a Maruti car with Registration No.KL-7/Z-801, which came from the opposite direction and sustained injuries and he filed an application for compensation, alleging negligence against the first respondent, who is the owner-cum-driver of the Maruti car insured with the second respondent, claiming an amount of Rs.1,15,000/- as compensation for the injuries sustained and consequential disability caused. The first respondent did not contest the case. The second respondent filed a written statement, denying the allegation of negligence against the first respondent, but attributed negligence against the petitioner and also challenged the quantum of compensation claimed under various heads.

(3.) HEARD both sides. The learned counsel for the appellant submitted that the Tribunal was not justified in fastening negligence on the appellant, especially, when the criminal case was registered against the driver of the car. Further, the quantum of compensation awarded is also less.