BASHEER Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal arises out the award passed by the Motor Accidents Claims Tribunal, Perumbavoor dated 21.1.2011 in O.P.(MV)No. 180 of 2009, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by the appellant/claimant in a motor accident which occurred on 18.10.2008 while he was riding a motorcycle bearing Reg. No. KL-7/AX-5214. At the place of accident, the motor cycle was hit by a mini lorry bearing Reg. No. KL-7/AD-3034 owned and driven by first respondent before the Tribunal and insured with the second respondent (sole respondent in this appeal). As a result of the accident, the appellant/claimant sustained serious injuries. Alleging that the accident occurred due to the rash and negligent driving of the mini lorry by its driver, claim petition was filed before the Tribunal claiming a total compensation of Rs. 12,09,000/- under different heads, which was limited to Rs. 8,00,000/- for the purpose of payment of court fee.

(2.) Before the Tribunal, Exts. A1 to A17 were marked on the side of the appellant/claimant. The appellant/claimant was examined as PW-1. PW-2 and PW-3 are the doctors who were brought to prove the disability certified in Ext. A12 and Ext. A17. The respondents have not chosen to adduce any oral or documentary evidence.

(3.) After considering the evidence and materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of the mini lorry by the first respondent owner-cum-driver. Since the said vehicle was covered by a valid insurance policy, the second respondent insurer was held liable to indemnify the first respondent owner. Under different heads, the Tribunal awarded a total compensation of Rs. 6,23,629/- and directed the second respondent insurer to deposit the said amount before the Tribunal together with interest at the rate of 8% per annum from the date of petition till realisation.