ABDUL JABBAR Vs. N.V. GOPI AND OTHERS

JUDGEMENT

(1.) The appellant is the petitioner in O.P. (MV)No. 587/2008 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda. The above original petition was filed under Section 166 of the Motor Vehicles Act, claiming an amount of Rs. 25,00,000/- as compensation for the injuries sustained by him in a road traffic accident. According to him, while he was riding a motor cycle along with his wife in the pillion seat, the offending tipper lorry driven by the first respondent, owned by the second respondent and insured with the third respondent came in a rash and negligent manner and hit them, as a result of which both of them fell down on the road and sustained grievous injuries. The accident was caused by the rash and negligent driving of the offending tipper lorry by the first respondent. So, respondents 1 and 2 are jointly and severally liable to pay compensation and the third respondent insurance company is liable to indemnify the second respondent.

(2.) The insurance company resisted the claim, but admitted the coverage of insurance policy issued to the second respondent with respect to the tipper lorry. After considering the evidence on record, the Tribunal accepted the cause of accident alleged by the petitioner and passed the impugned award granting a compensation of Rs. 5,17,230/- to the petitioner. This appeal is filed challenging the inadequacy and correctness of the quantum of compensation determined by the Tribunal under various heads of claim.

(3.) Heard the learned counsel for the appellant and the learned counsel for the insurance company.