V. MANI Vs. PERIASWAMI

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.3055 of 2003 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents before the tribunal.

(2.) The case of the appellant/claimant is that on 21/1/2003, while he was walking and pushing a cart to sell groundnuts, a tanker lorry bearing Reg.No.KL-9/K-6255 driven by the second respondent in a rash and negligent manner, hit on a barricade and then hit him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs.1,92,000.00.

(3.) Respondents 1 and 2 remained ex parte before the tribunal. The third 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, PW1 was marked and Exts.A1 to A11 were marked on the side of the appellant/claimant. Ext.B1 was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.1,25,720.00 as compensation under different heads against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.