SREEJITH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.1962 of 2015 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondent herein was the second respondent before the tribunal.

(2.) The case of the appellant/claimant is that on 7/6/2015 at 3.50 pm, while he was riding a motorcycle bearing Reg.No.KL-39-D-1218 through Madavana - Panangad public road, a motorcycle bearing Reg.No.KL-39-B-8673 owned and ridden by the first respondent hit against the motorcycle ridden by the appellant, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs.60,00,000.00.

(3.) The first respondent remained ex parte before the tribunal. The respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, the evidence consists of oral evidence of PWs 1 & 2 and documentary evidence as Exts.A1 to A17 on the side of the appellant/claimant and Ext.X1 as court evidence. No evidence was adduced by the respondent insurer. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the rider of the offending vehicle and awarded a sum of Rs.17,67,600.00 as compensation under different heads against the second respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.