LIYOCHAN Vs. GEORGEKUTTY

JUDGEMENT

(1.) Claimant in O.P.(M.V.)No.856/2006 on the file of the Motor Accidents Claims Tribunal, Pala, is the appellant herein. The appellant filed the application for compensation for the personal injuries and disability suffered by him in a motor vehicle accident occurred on 09.09.2006. According to the claimant, he was riding the motor cycle bearing Reg.No.KL -5/U -476 and when reached the place of occurrence, a car with Reg.No.KBV/6789 driven by first respondent, owned by second respondent and insured with the third respondent came from the opposite direction in a high speed and hit against the motor cycle causing severe injuries to him. According to him, the accident occurred due to the negligence of the first respondent. He was working as a wireman and getting Rs.7,000/ - per month. He suffered severe disability. He claimed a total compensation of Rs.5,33,000/ - on various heads, but restricted his claim to Rs. 4,00,000/ -.

(2.) Respondents 1 and 2 appeared and filed written statement contending that they are the driver and owner of the vehicle involved in the accident. But they denied negligence on the part of the first respondent. According to them, the accident occurred due to the negligence of the petitioner himself. The total compensation claimed is exorbitant. The vehicle is validly insured with the third respondent and the compensation if any awarded has to be paid by them.

(3.) Third respondent/insurance company entered appearance and filed counter admitting the insurance of the car involved in the accident, but denied the negligence on the part of the first respondent. According to them, the accident occurred due to the negligence of the petitioner himself. They also contended that the total compensation claimed is exorbitant and they prayed for dismissal of the application.