MATHEW, MANOKUMPUZHA, VELLOOR Vs. THOMAS, KANAKALIL HOUSE

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act 1988, was preferred by the petitioner in O.P.(M.V) No.1082/2001 on the file of the Additional Motor Accidents Claims Tribunal, Kottayam, with a contention that the sum of Rs.3,23,000.00 awarded as compensation for the injuries sustained to him at 1.30p.m on 24.4.2001 in a road accident is inadequate. According to the appellant, while he driving a Maruthi Van bearing Reg.No.KL-5J 8558 along Koottayam - Kumili road, a Mini Lorry bearing Reg.No.KL-5B 6919 owned, driven and insured by respondents 1 to 3 respectively hit against and as a result, the appellant sustained injuries. Attributing negligence against the 2nd respondent, he preferred the above petition before the Tribunal under Section 166 of the Motor Vehicles Act seeking a sum of Rs.6,80,000.00.

(2.) RESPONDENTS 1 and 2 remained exparte. The 3rd respondent filed a written statement admitting the insurance liability but contending that the accident occurred because of the rash and negligent driving of the appellant and that the 2nd respondent was not negligent and that therefore, the 3rd respondent is not liable to compensate the appellant. The appellant was further put to strict proof regarding the age, occupation and monthly income. It was also contended that the compensation claimed is highly excessive.

(3.) HEARD both sides. Perused the evidence on record.