A S RAJU Vs. G MURUGAN AND ORS

JUDGEMENT

(1.) Appeal is filed by the claimant, an injured in a motor accident, seeking enhanced compensation dissatisfied with the quantum awarded by the Additional Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) No.1542/2004.

(2.) Appellant was awarded a sum of Rs.46,329/- with interest at 7.5% per annum from the date of petition with direction to the second respondent insurer to deposit the sum. Compensation fixed and awarded on his claim is inadequate having regard to the injuries suffered and disability sustained, is the case of the appellant/claimant.

(3.) Appellant claimed Rs.1,00,000/-for injuries sustained in a motor accident while he travelled as pillion rider in a motor cycle driven by the first respondent. Accident occurred at Thoppumpady on 17.5.2004 at 9.15 a.m and it was on account of the rash and negligent riding of the motor cycle by first respondent was his case. First respondent owner and rider remained ex parte. Second respondent admitted comprehensive insurance coverage over the vehicle but denied negligence over the occurrence imputed against the first respondent. Claim canvassed was also challenged as exorbitant and unreasonable.