P.DEVANAND Vs. THOMAS VARGHESE

JUDGEMENT

(1.) The claimant in OP(MV)No.1490 on the file of the Motor Accidents Claims Tribunal, Mavelikara is the appellant herein. The appellant filed a claim petition claiming compensation for the injuries sustained by him in a motor vehicle accident occurred on 20.11.1998. The petitioner along with another person were travelling in the car with registration No.KL -4/9888 and when they reached the place of occurrence, it collided with a private bus with registration No.KL 3C/6988 driven by the first respondent, owned by the second respondent and insured with the third respondent. The claimant was working as Selection Grade Lecturer in Devaswom Board College, Sasthamcotta on a monthly salary of Rs.14,358/ -. He suffered head injuries and on account of the permanent disability, he is not able to do his work. He claimed a total compensation of Rs.5,50,000/ - on various heads.

(2.) Respondents 1 and 2 remained absent. The third respondent filed a written statement admitting the insurance of the bus but denied negligence on the part of the first respondent. According to them, the accident occurred due to the negligent driving of the car by its driver and petition is bad for non joinder of driver of the car, in which the injured was travelling. They denied the age, income, occupation, disability, the nature of injury sustained etc mentioned in the petition. According to them, total compensation claimed is exorbitant and and disproportionate to the nature of injury sustained. They prayed for dismissal of the application.

(3.) This petition was tried along with O.P.(M.V.)No.1491 of 1999, which was filed by another injured in the same accident and O.P. (M.V.)No.802 of 1999 which was also filed by another injured in the same accident. The appellant was examined as PW1 and Exts.A1 to A25 series were marked on the side of the appellant. No evidence was adduced on the side of the respondents. After considering the evidence on record, the court below found that the accident occurred due to the negligent driving of the bus by the first respondent and awarded a total compensation of Rs.96,672/ - on various heads as follows: