SHAJAHAN Vs. RAHIM

JUDGEMENT

(1.) Being dissatisfied with the compensation of Rs. 9,250/- awarded by the Tribunal in a motor accident, the petitioner in O.P(MV) 3295/1993, who is the injured, preferred this appeal.

(2.) The accident occurred on 1-8-93 at 4.45 a.m. at Kurumaly in N.H.47. According to the claimant, he was driving mini lorry KLO 1/2410 from Thiruvananthapuram to Thrissur for taking arecanuts and another lorry was proceeding in front of it which was driven by the 2nd respondent and the said lorry was heavily loaded with timber. It is the specific case of the appellant that the lorry, which was driven by the 2nd respondent proceeding in front of the vehicle driven by the appellant, stopped all on a sudden and hence, though the appellant applied full brake, his vehicle collided with the timber lorry and consequently he sustained injury. He was treated as an inpatient in the Medical College Hospital, Thrissur for four days. According to the claimant, he was working as a driver and was earning Rs. 2500/- per month and thus he claimed a total compensation of Rs. 1,18,000/-.

(3.) Third respondent insurance company filed written statement stating that there was no negligence on the part of the lorry insured by them and it was going in front of the lorry driven by the claimant and the insurance policy for the said lorry is admitted. Another contention raised by the 3rd respondent is that the accident occurred due to the negligence of the appellant as he has failed to keep proper distance from the vehicle proceeding in front of it.