A.J.SHAJI MON Vs. N.SUVARNAKUMARI

JUDGEMENT

(1.) Appellant is the claimant in O.P.(MV)No.1869/2002 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, an application filed under Section 166 of the Motor Vehicles Act, claiming enhancement of the compensation awarded by the Tribunal in respect of injuries sustained to the appellant, pursuant to the road traffic accident occurred on 1.6.2002.

(2.) The factual position revealed from the proceedings is that while the appellant was travelling in a jeep bearing Registration No.KL -4/G -7716 owned by the 1st respondent and insured with the 2nd respondent, due to the rash and negligent driving of the jeep by its driver, it overturned resulting in serious injuries to the appellant, which led to the claim petition filed by him before the Tribunal seeking to compensate the loss.

(3.) The 2nd respondent insurer entered appearance and filed a written statement before the Tribunal admitting the existence of a valid policy for the jeep. However, they denied the allegation of negligence attributed to the driver. It is also contended that the compensation claimed is exorbitant.