MOHAMMED RAFEEQ Vs. K. VIJAYAN & ORS.

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.1218 of 2005 on the files of the Motor Accidents Claims Tribunal, Palakkad. The said application was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the bodily injuries and consequential disablement thereunder suffered by him in a road traffic accident.

(2.) According to the appellant, on 16.07.2005, while he was travelling in an auto-rikshaw, a tipper lorry bearing No.KL 9Q 3372, driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent, hit on the auto-rikshaw and auto-rikshaw overturned and the appellant and the other passengers were thrown away from the auto-rikshaw and fell down on the road and thereby sustained severe injuries. The accident arose out of the use of the said lorry and the accident was caused by the negligence of the 2nd respondent in driving the vehicle. He claimed an amount of Rs. 10,00,000/-, as compensation from the respondents.

(3.) The respondent Insurance Company opposed the said application, disputing the quantum of amount claimed under various heads and denying the allegations of negligence alleged against the 2nd respondent; but admitted the coverage of policy. After considering the evidence on record, the Tribunal passed the impugned award granting Rs. 6,26,000/-, as compensation to the appellant. The inadequacy and correctness of the quantum of compensation determined under various heads of claim are challenged in this appeal.