SASIDHARAN NAIR Vs. BABU SEBASTIAN

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.527 of 2010 on the file of the Motor Accidents Claims Tribunal, Punalur. The respondents herein are the respondents before the Tribunal.

(2.) According to the appellant, on 8/5/2010 at 3.00 p.m., while he was riding a motorcycle bearing registration No.KL25/6748 through Punalur - Pathanapuram public road, a lorry bearing registration No.KL-5T/7327 driven by the second respondent in a rash and negligent manner hit at the back side of the scooter and as a result, the appellant sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of Rs.2,50,000.00.

(3.) The first, second and third respondents are the owner, driver and the insurer of the offending vehicle respectively before the Tribunal. Though notice was served on the respondents, the first and second respondents remained absent and were set ex parte and the third respondent filed a written statement, admitting the insurance policy denying the liability and quantum of compensation claimed, before the Tribunal. They contended that the accident occurred due to the negligence on the part of the appellant. The petitioner took a sudden deviation towards the northern side of the road and as a result, the accident happened. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.97,008.00 rounded to Rs.97,010.00 as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant has come up in appeal.