T.U.SHUNMUGHAN Vs. V.D.SALIM

JUDGEMENT

(1.) THIS appeal arises from the award dated 04.06.2007 in O.P (M.V).No.2347 of 2000 of the Motor Accident Claims Tribunal, Ernakulam (for short, "the Tribunal"). The appellant while riding on the pillion of the motor cycle on 27.03.2000 sustained injuries. The Tribunal found that accident occurred due to the negligence of the second respondent who was riding the motor cycle, assessed compensation payable to the appellant at Rs.17.,200/- and on a finding that Ext.B1, policy is only an Act only policy and did not cover liability of the pillion rider, exonerated the third respondent from liability. The appellant was allowed to recover the amount with interest from the respondents 1 and 2. The appellant is aggrieved.

(2.) LEARNED counsel submitted that quantum of compensation awarded is low. It is also argued that Ext.B1, policy being a comprehensive policy, it covers liability of pillion rider as well and hence exoneration of the third respondent is illegal.

(3.) THE appellant was aged 36 years at the relevant time, a casual labourer. In the absence of evidence the Tribunal fixed his monthly income at Rs.2500/- which I find no reason to interfere.