PAUL VARGHESE Vs. SHANVEEN

JUDGEMENT

(1.) These appeals arise out of the award passed by the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.138 of 2011. M.A.C.A.No.1225 of 2014 is filed by the claimant in that Original Petition, claiming enhancement of the compensation awarded by the Tribunal. On the other hand, M.A.C.A.No.2778 of 2014 is filed by the 2nd respondent insurer of the motor car, contending that the compensation awarded by the Tribunal is highly excessive and as such, it cannot be considered as just and reasonable compensation as contemplated under Section 168 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) We heard the arguments of the learned Senior Counsel appearing for the appellant/claimant in M.A.C.A.No.1225 of 2014, and the learned Senior Counsel appearing for the appellant/insurer in M.A.C.A.No.2778 of 2014.

(3.) The appellant in M.A.C.A.No.1225 of 2014 (hereinafter referred to as the claimant) filed O.P.(MV)No.138 of 2011 on the file of the Motor Accidents Claims Tribunal, Ernakulam claiming compensation for the injuries sustained by him in a motor accident occurred on 18.9.2008, involving a motor car bearing registration No.KL -55/B -7770 owned by the 1st respondent in that Original Petition and insured by the 2nd respondent therein (hereinafter referred to as 'the insurer'). On 18.9.2008, the claimant who was a second year MBBS student at Vinayaka Missions' Kirupananda Variyar Medical College, Salem was travelling in motor car bearing registration No.KL -55/B -7770 along with his classmates. At about 10 pm, when the car reached near SNMV College Junction, it dashed on the backside of a lorry bearing registration No.TN -30/S - 8592. The driver of the car, namely, Sahil died on the spot. The claimant and one Jose Abraham sustained serious injuries.