ABDUL REHMAN Vs. ORIENTAL INSURANCE CO LTD.

JUDGEMENT

(1.) The claimant is the appellant before this Court. The grievance is against the quantum of compensation awarded limiting the same only to an extent of Rs. 6,93,603/ - ordered to be satisfied with interest at the rate of 8% per annum.

(2.) The case put up by the appellant/claimant before the Tribunal was that he was proceeding in the four wheeler truck bearing No. KL -7/BL -3465 owned, driven and insured by respondents 1 to 3 before the Tribunal. He was traveling in the said vehicle in his capacity as the owner of the goods carried in the truck and while so, on 6.5.2010 at about 6.45 a.m., the vehicle hit on the back side of a parked lorry, resulting in serious injuries to the appellant. This was sought to be compensated by filing the claim petition. The owner and driver of the vehicle did not choose to contest the matter and they were set ex parte. The Insurance Company contended that the appellant/claimant was a gratuitous passenger and was not entitled to have any coverage under the policy. Quantum and negligence were also subjected to challenge. The evidence adduced before the Tribunal consists of the documents produced as Exts. A1 to A16 series and Ext. X1 disability certificate, besides the oral testimony of P.W. 1 who was the Finance Manager of the Medical Trust Hospital, Ernakulam. The Tribunal arrived at a finding that the accident was due to the negligence on the part of the driver of the four wheeler truck.

(3.) The injuries sustained by the appellant are disclosed from paragraph 16 which is extracted below: -