VADAKKE MAYYOTTUCHALIL KELAPPAN Vs. VIJAYAN

JUDGEMENT

(1.) APPELLANT herein filed a claim application before the Motor Accidents Claims Tribunal, Kozhikode, under Section 110A of the Motor Vehicles Act, 1939 (for short "the Act"), claiming a total amount of Rs. 30,000 as compensation under various heads on account of injuries sustained by him in the course of an accident. He impleaded the owners, drivers and insurers of the two vehicles. Some of the respondents including the insurers contested. The Tribunal allowed the claim to the extent of Rs. 2,100 with costs, fixing the advocate's fee at Rs. 150. Being dissatisfied with the award, the claimant has filed this appeal.

(2.) SRI K. S. Rajamony, representing the Indian Association of Lawyers, Kerala Chapter, has been requested to give legal aid to the appellant. Sri Rajamony has addressed arguments on behalf of the appellant.

(3.) THE Tribunal held that the accident took place due to negligent driving of bus KLH-2185 by the first respondent, driver under the second respondent. The Tribunal further held that there was no evidence let in by the claimant to show that the vehicle was insured with the third respondent and found that the owner and driver were liable but not the alleged insurer. On the question of quantum, the Tribunal rejected the claim of Rs. 90 towards expenses incurred for transport of the injured to hospital, and Rs. 300 claimed for extra nourishment. The Tribunal allowed Rs. 2,000 as compensation for pain and suffering and awarded only Rs. 100 towards loss of earnings. Thus, in all, Rs. 2,100 was awarded.