P. M. SUHARA Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) by the claimant/petitioner in O.P.(MV) No.955/2014 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam, (the Tribunal), aggrieved by the amount of compensation granted by Award dtd. 12/03/2019. The sole respondent herein is the second respondent/insurer in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

(2.) According to the claimant/petitioner, on 14/06/2015 at 02:45 p.m., she was travelling as a pillion rider in motorcycle bearing registration no.KL-43/C-3945 through Ernakulam-Thoppumpady road. While so a lorry bearing registration no.KL-01/BL-902 driven by the first respondent in a rash and negligent manner knocked down the motorcycle as a result of which she was thrown on to the road whereby she sustained grievous injuries. Hence the petition claiming a sum of Rs.4,00,000.00 as compensation.

(3.) The 2nd respondent/insurer filed written statement admitting the existence of a valid policy in respect of the offending vehicle. There was no negligence on the part of the first respondent. In fact, negligence was on the side of the rider of the motor cycle. The age, job, income, nature of injuries and amount claimed under various heads were disputed.