FAYIZ Vs. ANVAR SHAJATH K.

JUDGEMENT

(1.) This is an appeal filed by the petitioner in OP(MV) 437/2011 on the file of the Motor Accidents Claims Tribunal, Kalpetta. The petitioner filed the above OP under Sec. 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in the motor vehicle accident that occurred on 25/7/2011. According to the petitioner on 25/7/2011 at about 4.30 p.m. he was hit down by an autorickshaw bearing registration No.KL11X/1133 while he was walking through Rippon - Arappetta public road. The accident occurred due to the rash and negligent driving of the autorikshaw by the 1st respondent. The 2nd respondent is the insurer of the autorickshaw.

(2.) The 2nd respondent, who alone contested the matter, filed written statement admitting the policy, but alleging that the accident occurred due to the negligence of the petitioner.

(3.) The evidence in the case consists of Exts.A1 to A10 and C1. Though the petitioner claimed a compensation of Rs.2,50,000.00, the Tribunal awarded only Rs.51,200.00. Aggrieved by the above Award, the petitioner preferred this appeal. Now the point that arise for consideration is the following :