RAJAN Vs. SUKUMARAN

JUDGEMENT

(1.) The award dated 24.7.1987 and the order dated 25.2.1988 in I. A. No. 592/87 in OP (MV) No. 516/82 passed by the Motor Accidents Claims Tribunal, Trivandrum are challenged by the claimant in this appeal. The claimant appellant claimed a total compensation of Rs. 1,25,000/- for the personal injuries substained by him alleging that while he was riding his bicycle from west to east through the Trivandrum-Kattakada road on 9.3.1981 the taxi bearing No. KLV 2991 owned by the 1st respondent and driven by the 3rd respondent in a rash and negligent manner from the opposite direction hit against his bicycle, knocked him down and caused serious injuries.

(2.) The Tribunal after enquiry, by the award dated 24.7.1987 allowed a compensation of Rs. 81,800/- with interest at 9% per annum from 29.7.1982 against respondents 1 and 3 and directed the 2nd respondent insurer to pay the amount within two months from the date of award and allowed interest at 12% per annum beyond the period of two months, disallowing the contention raised by the 2nd respondent with regard to limitation of their liability.

(3.) Subsequently, the 2nd respondent insurance company filed IA No. 592/87 before the Tribunal seeking review of the award dated 24.7.1987, limiting their liability to the statutory limit of Rs. 50,000/-. Though the claimant appellant herein raised various contentions against the review of the award, the learned Tribunal repelling those contentions reviewed the award limiting the liability of the insurer to Rs. 50,000/- and directing the appellant to realise the balance amount from the owner and driver of the offending car.