VIJAYAPPAN Vs. ELIYAS IPE KOVOOR

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Kozhikode dated 03.08.2012 in O.P.(M.V)No.648 of 2006, a claim petition filed under section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by the appellant in a motor accident occurred on 22.02.2006 while he was travelling in a Jeep owned and driven by respondents 1 and 2 and insured with the third respondent. At the place of accident, the Jeep overturned due to the rash and negligent driving of the second respondent driver and the appellant sustained injuries. Claiming compensation under different heads, claim petition was filed before the Tribunal.

(2.) Before the Tribunal, Exts.A1 to A4 were marked on the side of the appellant. Both sides have not chosen to adduce any oral evidence.

(3.) After considering the materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of Jeep by the second respondent driver. Since the said vehicle was covered by a valid insurance policy, the third respondent insurer was held liable to indemnify the first respondent owner. Under different heads the Tribunal awarded a total compensation of Rs. 29,879/- (Rs. 39,879/- as per para 10 of the award) and directed the third respondent insurer to deposit the said amount before the Tribunal together with interest at the rate of 7% per annum from the date of petition till realisation with proportionate costs.