SASIKUMAR Vs. LAKSHMAN AND ORS.

JUDGEMENT

(1.) The appeal arises from the award passed by the MACT, Thrissur in O.P.(MV)No.1545 of 2001 granting compensation in respect of the injuries sustained by the appellant in a road traffic accident. The grievance is that the amount awarded by the Tribunal is abysmally on the lower side and hence is sought to be enhanced, based on the grounds raised in the appeal.

(2.) The accident occurred on 01.04.2001, when an autorickshaw bearing No. KL.8-M/3049 (Goods Autorickshaw) in which the appellant was travelling, allegedly accompanying the goods, overturned causing serious injuries to him. In fact, one more person was travelling in the said vehicle and he also sustained injuries . The appellant filed O.P.(MV)No.1545 of 2001, whereas the other injured filed OP(MV)1991 of 2001.The autorickshaw, in fact, was owned by the second respondent, driven by the first respondent and insured by the third respondent. Attributing negligence solely on the driver of the autorickshaw, the injuries were sought to be compensated by the respondents.

(3.) In the written statement filed by the first respondent, it was contended that no negligence was there on the part of the first respondent in driving the vehicle and that he was holding a valid driving licence, adding that the vehicle was insured by the third respondent, who, would be liable to satisfy the compensation, if any.