ANOOP PAUL Vs. CHERIAN

JUDGEMENT

(1.) This appeal is filed by the 1st respondent/owner in O.P (MV) No.1175 of 2011 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondents herein are the petitioner and the 2nd respondent before the tribunal.

(2.) According to the claimant, on 17/12/2010 at about 11.30 am, while the claimant was walking along the side of the road, a JCB bearing registration No.KL-17-C-5708 driven by the 1 st respondent was operated in a rash and negligent manner and the bucket of the JCB hit on the right leg of the claimant. As a result of the accident, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ?3,00,000/-.

(3.) The 1st respondent, driver of the offending JCB, remained ex parte before the tribunal. The 2 nd respondent, insurer of the offending JCB, filed a written statement admitting the policy but disputing the quantum of compensation claimed as well as the naration of accident. Before the tribunal, PW1 was examined and Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ?66,000/- as compensation under different heads with interest @8% per annum from the date of petition till realization with proportionate costs from 1st respondent, owner cum driver, on the finding that the accident occurred in a private place, the insurance company is not liable to pay the compensation. Challenging the award passed by the tribunal directing the owner to pay compensation amount awarded by the tribunal, the first respondent, owner cum driver, has come up in appeal.