AJEESH Vs. VIBITHA VARGHESE

JUDGEMENT

(1.) The above appeal is filed by the claimant seeking for enhancement of the compensation granted by the Motor Accidents Claims Tribunal, Thrissur in OP(MV) No.761 of 2016 and also aggrieved by the findings of the Tribunal that the accident was caused due to the contributory negligence of the claimant leading to deduction of 50% of the amount awarded as compensation.

(2.) Since the appellant died during the pendency of the appeal, his legal heirs have impleaded themselves in the appeal. The accident in question took place on 17/11/2014 at 12.15 PM while the claimant was driving a Tipper Lorry bearing Reg No.KL-46/D-4220 through Thrissur - Punnamparambu public road and when reached at Panambilli a Bus bearing Reg. No.KL-8/AS-36 driven by the 1st respondent came in a rash and negligent manner and hit against the lorry. The passenger in the Bus also filed OP(MV) No.1543 of 2015 and both these cases were jointly tried together. On behalf of the claimant, Exts.A1 to A18 were marked and on behalf of the respondents, Exts. B1 to B6 were marked. The Insurance Company raised certain objections with regard to the accident stating that there was contributory negligence on the part of the claimant in OP(MV) No.761 of 2016. Exts.A7 to A9 revealed that the claimant sustained the following injuries;

(3.) Though the claimant claimed that Rs.20,000.00 was his monthly income, no evidence was produced and hence the Tribunal fixed Rs.9,500.00 per month as notional income. On various heads, the tribunal granted the following Compensation: