SHAJI Vs. VARGHESE

JUDGEMENT

(1.) Since these two appeals arise from the very same award dtd. 9/9/2013 in O.P.(MV) No.377 of 2011 filed by the appellant/claimant on the file of the Motor Accidents Claims Tribunal, Pala, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.181 of 2014 is filed by the appellant/1st respondent, owner in the O.P seeking to set aside the award exonerating the insurer from the liability to pay compensation, whereas M.A.C.A.No.486 of 2014 is filed by the appellant/claimant in the O.P, seeking enhancement of the quantum of compensation awarded by the Tribunal. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) According to the petitioner/claimant, on 9/11/2010 at about 05.30 pm, while the petitioner was riding an autorickshaw, a jeep driven by the 2nd respondent in a rash and negligent manner hit the motorcycle. As a result of the accident, the petitioner has sustained serious injuries. The claimant approached the tribunal claiming a total compensation of 2,35,000/-.

(3.) Respondents 1 and 2, owner and the driver of the offending vehicle respectively, entered appearance and filed a written statement disputing the maintainability of the petition. The 3rd respondent insurer filed a written statement, admitting the policy but disputing the quantum of compensation claimed and contending that the policy issued was a package policy. Before the tribunal, RW1 was examined. Exts.A1 to A9 and Exts.B1 to B4 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of 1,49,000/- as compensation under different heads with interest @7.5% per annum from the date of petition till realization with proportionate costs from the 1st respondent-owner. Challenging the award passed, the claimant as well as the owner has come up in appeal.