MUHAMMED RASHID Vs. GIRIVASAN E.K.

JUDGEMENT

(1.) The claimant in OP(MV) No. 646 of 2014 on the file of the Motor Accidents Claims Tribunal-II, Manjeri, is the appellant herein. He is impugning the award dtd. 6/1/2018 on the ground of inadequacy of compensation.

(2.) The appellant, while travelling in an autorickshaw, met with a road traffic accident on 19/12/2013, at 3.10 p.m. KL-10/AD-1819 car driven by the 1st respondent, in a rash and negligent manner, dashed against the autorickshaw, in which he was travelling and he was thrown out to the road, and he sustained serious injuries. He was admitted and treated for seven days at Al-Shifa Hospital, Perinthalmanna, and even after discharge, he had to take rest for six months. He was a driver by profession earning monthly income of Rs.12,000.00. Though he approached the Tribunal claiming compensation of Rs.4,00,000.00, the Tribunal awarded only Rs.2,40,000.00, against which he has preferred this appeal.

(3.) The 1st respondent was the driver of the offending car. The2nd respondent was its owner and the 3 rd respondent was its Insurer. The accident, injuries and the Policy of the offending vehicle are not in dispute. Respondents 1 and 2, the driver and owner of the offending car, remained ex parte before the Tribunal as well as before the appellate court. No oral evidence was adduced from either side before the Tribunal. Exts.A1 to A7 series and B1 to B3 were marked before the Tribunal.