M.A.VARGHESE Vs. MOHANAN

JUDGEMENT

(1.) Claimant in O.P.(MV)No.1269/2006 on the file of the Motor Accidents Claims Tribunal, Ottappalam is the appellant herein. The appellant filed the claim petition claiming compensation for the personal injuries sustained by him in a motor vehicle accident occurred on 06.08.2005. According to the claimant, he was riding the motor cycle with registration No.KL -9J/5412 from Karimba to Palakkad and when it reached the place of occurrence, the bus with No.KL -8V/474 driven by first respondent owned by the 2nd respondent and insured with the 3rd respondent came from the wrong side in a negligent manner and hit against the motor cycle and he suffered severe injuries and disability. He was an agricultural labourer earning 5,000/ - per month. He claimed a total compensation of 5,14,750/ - on various heads.

(2.) Respondents 1 and 2 remained absent and the 3rd respondent appeared and filed counter admitting insurance but denying the negligence. According to them, the accident occurred due to the negligent driving of the motor cycle by its rider. So without impleading the owner, rider and the insurance company of that vehicle, the petition is bad for non -jointer of necessary parties. They denied the occupation, income, disability etc., claimed by the petitioner. According to them, the total compensation claimed is exorbitant and they prayed for dismissal of the application.

(3.) After considering the evidence on record, the court below on the basis of the police records came to a conclusion that the accident occurred due to the negligent driving of the bus by its driver. The court below awarded a total compensation of 1,57,000/ - on various heads as follows: