PRAKASAN Vs. MANAGER, THE NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is filed by the appellant/claimant in O.P (MV) No.686 of 2011 on the file of the Motor Accidents Claims Tribunal, Pala. The respondent herein is the 2 nd respondent before the tribunal.

(2.) According to the appellant/claimant, on 24/10/2010 at about 04.40 pm, while the petitioner was riding pillion on a motorcycle bearing registration KL-36-A-8622 ridden by the 1st respondent. The 1st respondent suddenly turned the motorcycle to the right side as a result of which the petitioner fell down and sustained serious injuries. The appellant approached the tribunal claiming a total compensation of Rs.4,51,000.00 limited to Rs.3,00,000.00.

(3.) Before the tribunal, the 1st respondent remained ex parte. The 2nd respondent-insurer, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, PWs 1 to 3 were examined on the side of the petitioner and documentary evidence of Exts.A1 to A13 were marked on the side of the petitioner. Ext.X1 was marked as court exhibits. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.1,03,850.00 as compensation under different heads with interest @7.5% per annum from the date of petition till realization with proportionate costs from respondent-insurers. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.