V. ABDUL RAHIMAN Vs. KERALA STATE INSURANCE DEPARTMENT

JUDGEMENT

(1.) The claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.

(2.) The claimant is a coolie. He was aged 69 years at the time of accident. The accident took place on 15.3.2007 involving a vehicle owned by the first respondent and driven by the second respondent. The third respondent was the insurer of the vehicle. A sum of Rs. 1,00,000.00 was claimed in the petition by way of compensation. The Tribunal though found that the claimant is entitled to a sum of Rs. 28,582.00 by way of compensation, passed an award permitting the claimant to recover only a sum of Rs. 21,437/- from the third respondent on the ground that the negligence of the claimant has also contributed for the cause of the accident. The claimant is aggrieved by the said decision of the Tribunal.

(3.) Heard the learned counsel for the appellant as also the learned Government Pleader for the respondent.