ISSAC Vs. SHIJAS

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.1210 of 2007 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents herein are the respondents before the tribunal.

(2.) The case of the appellant/claimant is that on 10/9/2007 at 09.30 p.m., while he was riding as a pillion in a motorcycle bearing registration No.KL-4/M-6781 through Kanjirappally - Erattupetta road, a motorcycle bearing registration No.KL-01/E-312 ridden by the 1st respondent in a rash and negligent manner, hit against the appellant's motorcycle, whereby the appellant sustained serious injuries. The 1st respondent is the driver, 2nd respondent is the registered owner, 3rd respondent is the insured and the 4th respondent is the insurer of the offending vehicle.

(3.) Respondents 1 to 3 remained ex parte. The 4rd 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, Exts.A1 to A17 were marked on the side of the appellant/claimant. No evidence was adduced by the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.2,92,500.00 as compensation under different heads against the 4th respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.