SANTHOSH P. VARGHESE Vs. GIJO

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Thrissur dated 30.5.2011 in O.P.(M.V)No.3020 of 2004, an application filed by the appellant herein under section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in the motor accident which occurred on 23.10.2003 while he was travelling in a motor cycle bearing Registration No.KL-8-X- 9016 as a pillion rider. The motor cycle was ridden and owned by respondents 1 and 2 and insured with the third respondent. Due to the rash and negligent riding of the motor cycle by the first respondent rider, it hit on a culvert. The appellant fell down resulting serious injuries. Claiming a total compensation of Rs. 5,50,000/- under different heads, claim petition was filed before the Tribunal.

(2.) Before the Tribunal, Exts.A1 to A8 were marked on the side of the appellant. The case sheet was marked as Ext.X1. The respondents have not chosen to adduce any oral or documentary evidence.

(3.) After considering the materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent riding of the motor cycle by the first respondent rider. Since the vehicle was covered by a valid insurance policy, the third respondent insurer was held liable to indemnify the second respondent owner. Under different heads the Tribunal awarded a total compensation of Rs. 1,00,513/-, which was rounded to Rs. 1,00,600/- and the third respondent insurer was directed to deposit the said amount together with interest at the rate of 8% per annum from the date of petition, i.e., 3.12.2004 till realisation, with proportionate costs.