RAJU Vs. BINU

JUDGEMENT

(1.) This appeal has been filed by the claimant against the award in OP(MV) No.1349 of 2008 on the files of the Motor Accidents Claims Tribunal, Kottayam, a claim petition filed under Sec. 163A of the Motor Vehicles Act (for short, "the Act"). The respondents herein were the respondents before the tribunal.

(2.) The case of the appellant/claimant is that on 3/6/2005, while a car bearing Reg.No.KL-G/3727 steered by the claimant was being towed by another car bearing Reg.No.KL-3/9818, a bus bearing Reg.No.KL-7/AA-3562 driven by the first respondent in a rash and negligent manner, hit the car steered by the claimant, whereby he sustained grievous injuries. He approached the tribunal claiming a total compensation of Rs.5,00,000.00.

(3.) Respondents 1 and 2, driver and owner of the offending bus respectively, remained ex parte before the tribunal. The additional fourth respondent, the driver of the car bearing Reg.No.KL3/9818 which was towing the car steered by the claimant, filed a written statement, alleging negligence on the part of the claimant. The additional fifth respondent, the previous owner of the car bearing Reg.No.KL -3/9818, filed a written statement, contending that he is an unnecessary party. Respondents 3 and 6, who are the same insurer, filed a written statement, admitting the policy coverage for the car bearing Reg.No.KL-3/9818 and the bus bearing Reg.No.KL-7/AA-362, but disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 & PW2 were examined and Exts.A1 to A7 series were marked on the side of the appellant/claimant; and RW1 was examined and Ext.B1 was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.1,69,500.00 as compensation under different heads with interest @ 8.5% per annum from the date of petition till realization, against the third respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.