JINTO JOHN Vs. V.J. LINTO AND OTHERS

JUDGEMENT

(1.) The injured petitioner comes up in appeal seeking enhancement of the quantum of compensation granted by the Motor Accidents Claims Tribunal, Irinjalakuda as per the award dated 22.11.2012 in O.P.(MV).No. 802 of 2008. He filed the said claim petition under section 166 of the Motor Vehicles Act seeking a compensation of Rs. 7,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 13.01.2008. On that day, while he was riding his motor cycle, another motor cycle bearing Reg. No. KL-8/C 3369, ridden by the second respondent hit against it. Going by Ext. A-3 wound certificate and Ext. A-4 discharge summary, he sustained the following injuries:-

(2.) After considering the materials and evidence on record, the Tribunal arrived at a conclusion that the accident occurred due to the negligence of the second respondent. The first respondent, being the insured owner of the said vehicle, was found vicariously liable and the third respondent was held liable to indemnify the insured owner. The said findings and the mulcting of liability are at all disputed before us. Hence, the sole question to be considered in this appeal is as to whether the appellant is entitled to get enhanced compensation.

(3.) We heard the learned counsel for the appellant and also the learned counsel for the third respondent.