SHAJI Vs. SOMAN

JUDGEMENT

(1.) The claimant in OP(MV).No.549/2009 on the file of the Motor Accidents Claims Tribunal, Thodupuzha has filed this appeal seeking enhancement of compensation awarded by the Tribunal and also challenging the finding of the Tribunal exonerating R2 insurance company from paying the award amount.

(2.) According to the appellant/claimant, on 13/9/2007 at around 7.30 p.m while he was travelling in a pick-up van bearing registration No.KL-6D/7531, accompanying the goods of the employer and when it reached at Kadamakuzhy, the pick-up van capsized due to the rash and negligent driving of the driver of the said vehicle. In the accident, the appellant/claimant sustained grievous injuries. R1 is the owner cum driver of the offending vehicle. R2 is the insurer. R1 and R2 are liable to pay compensation.

(3.) Before the Tribunal, R1 remained absent and he was set ex parte.