VISWANATHAN K.S Vs. NARAYANAKUMAR

JUDGEMENT

(1.) The appeal on hand is filed by the petitioner in OP(MV) No.154/2008 on the files of Motor Accident Claims Tribunal, Ottapalam (for short 'the Tribunal') challenging an award passed on 3/2/2014. The specific contention raised by the appellant against the impugned award was that the Tribunal failed to award just and reasonable compensation in the case on hand.

(2.) The parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 to 3 in accordance with their status before the Tribunal.

(3.) The facts of the case being relevant for adjudication are extracted in a nut shell hereunder: At about 6 p.m. on 21/4/2007, while the petitioner was driving his car bearing Registration KL-9 Q 5497 alongwith his wife from Kozhikode to Palakkad, a Pickup Van bearing registration No.KL-11 S 8842 hit the same near Nattukal Post Office due to the rash and negligent driving by its driver and thereby himself and his wife sustained serious injuries. Both of them were taken to Moulana Hospital, Petinthalmanna and later to Thankom Hospital, Palakkad and treated there for some time. It was contended that the motor accident was occurred due to the rash and negligent driving of the Pickup Van by its driver who was arrayed as the 2nd respondent in the Original Petition. The registered owner and the insurer of the offending vehicle were also arrayed as respondents 2 and 3 in the Original Petition. A total sum of Rs.11,00,000.00 was also claimed as compensation. The Original Petition above was tried alongwith OP(MV) No.155/2008 and a common award was passed on 3/2/2014. The award passed in OP(MV) No. 154/2008 is now under challenge.