G.BALACHANDRAN Vs. J.MADUSOODANAN PILLAI

JUDGEMENT

(1.) This appeal is at the instance of the claimant who suffered injuries in an accident involving a motor cycle on 18.03.2006. It is alleged that while the appellant was walking along the side of the road, he Was hit by the motor cycle which belonged to the first respondent, driven by the second respondent and was insured with the third respondent.

(2.) The respondents 1 and 2 remained ex parte in the Tribunal. The third respondent contended that the accident was due to the negligence of the appellant and that the second respondent was not having a valid license to ride a motor cycle at the relevant time. The Tribunal found that there was contributory negligence on the part of the appellant to the extent of 20%, assessed compensation payable at 80% of Rs. 50,700/- with 7.5% interest and directed the first respondent, owner to pay the said amount, exonerating the third respondent from liability for the reason that the second respondent had no valid license at the relevant time. Hence the appeal.

(3.) The learned counsel for the appellant has contended that finding of the Tribunal concerning contributory negligence is not correct. It is further contended that compensation awarded is low. It is also contended that at any rate, the Tribunal was not correct in exonerating the third respondent from the liability to pay compensation to the appellant.