RATHEESH Vs. SREENIVASAN

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.1028 of 2009 on the file of the Motor Accidents Claims Tribunal, Ottapalam. The respondents herein were the respondents before the tribunal.

(2.) The case of the appellant/claimant is that on 13/3/2009, while he was riding a motorcycle bearing Reg.No.KL-52- 1411 from Mala to Koottanad, another motorcycle bearing Reg.No.KL52-4451 ridden by the first respondent in a rash and negligent manner, hit against the motorcycle ridden by the claimant, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs.4,00,000.00.

(3.) The first respondent appeared before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A15 and Ext.X1 were marked on the side of the appellant/claimant. Exts.B1 to B4 were marked and RW1 was examined on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, assessed a sum of Rs.4,25,469.00 as compensation under different heads. However, finding that the accident took place on account of the negligence on the part of the riders of both vehicles, the claimant was awarded only 50% of the total compensation, i.e., Rs.2,12,750.00, with interest at the rate of 9% per annum from the date of filing the petition till realization. The second respondent, being the insurer, was held liable to pay the compensation with right of recovery against the first respondent/owner of the offending vehicle. Dissatisfied with the quantum of compensation awarded by the tribunal and also, challenging the finding of 50% contributory negligence on the part of the claimant in the occurrence of the accident, the claimant has come up in appeal.