UNITED INDIA INSURANCE CO.LTD. Vs. RAJAN @ SHANKARANARAYANAN

JUDGEMENT

(1.) The unfortunate claimant in OP(MV)No.66 of 1995 on the file of the Motor Accidents Claims Tribunal, Palakkad is the appellant in M.A.C.A.No.1196 of 2006, while the third respondent insurance company in the same claim petition is the appellant in M.A.C.A.No. 209 of 2006. For the purpose of convenience, we are referring the status of the parties as described in the lower court.

(2.) The claimant filed the application for compensation for the injuries and disabilities suffered by him in a motor vehicle accident occurred on 27.8.1994. According to him, while he was travelling on his motor cycle with No.KL -7F -5124, the bus with No.KL -10 -A -2070 driven by the second respondent, owned by the first respondent and insured by the third respondent came in a negligent manner and hit against the motor cycle driven by the injured. On account of the impact, he was thrown away and sustained severe injuries. According to him, the accident occurred due to the negligent driving of the bus by the second respondent and thereby respondents 1 to 3 are jointly and severally liable to pay the compensation. He was aged only 28 years at the time of the accident and was conducting a grocery shop and getting a monthly income of Rs.7,000/ -. He claimed a total compensation of Rs.7,26,000/ - on various heads.

(3.) Respondents 1 and 2 remained absent and the third respondent entered appearance and filed a written statement admitting the insurance of the bus involved in the accident, but denied the negligence on the part of the second respondent. According to them, the accident occurred due to the negligence of the appellant himself. They denied the age, income, occupation, disability etc of the appellant claimed in the petition. According to them, the total compensation claimed is exorbitant and they prayed for dismissal of the application.