SAJITH THOMAS KOYICKAL Vs. THOMAS PHILIP

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.216 of 2010 of the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal'), Kozhikode. The aforesaid Original Petition was filed by the appellant herein, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries and damages suffered by him, in a road traffic accident. The parties are referred to as in the Original Petition.

(2.) According to the petitioner, on 06.02003, while he was driving a maruthi van owned by the 4th respondent, the offending tractor owned by the 1st respondent and driven by the 2nd respondent in a rash and negligent manner came from the opposite side and hit on the right side of the maruthi van, resulting grievous injuries on him. According to the petitioner, the accident was caused by the rash and negligent driving of the tractor by the 2nd respondent and thereby the 1st and 2nd respondents are liable to pay compensation to him and the 3rd respondent Insurance Company is liable to indemnify the 1st and 2nd respondents by paying compensation to him.

(3.) The respondents opposed the said application, disputing the cause of accident and the quantum of compensation claimed by the petitioner under different heads of claim. After considering the evidence on record, the Tribunal passed the impugned award, granting Rs.36, 85, 856/- as compensation to him with interest. Further, the Tribunal found that the petitioner has also contributed to the cause of accident at 50% and on that finding 50% negligence to the cause of accident was attributed on the petitioner and 50% of the amount was granted as compensation. This appeal has been filed, challenging, the findings whereby the Tribunal attributed 50% negligence on the petitioner, and the inadequacy of the quantum of compensation under various heads of claim and the omission to grant compensation for the treatment expense.