NIZAMUDHEEN Vs. LATHA RAMESH

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.36 of 2017, on the files of the Motor Accidents Claims Tribunal, (hereinafter referred to as 'the Tribunal'), Perumbavoor. The said application was filed under section 166 of the Motor Vehicles Act, 1988, claiming an amount of Rs. 5,00,000/- as compensation for the bodily damages suffered by him in a road traffic accident.

(2.) According to the petitioner, on 13.11.2006, at about 10 am, when he was attempting to board the bus, the 2nd respondent, who was the driver of the bus had taken the bus forward in a rash and negligent manner and as a result, he was thrown away from the bus to the road resulting injuries to him. According to him, the accident was caused by the rash and negligent driving of the bus, by the 2nd respondent. So, respondents 1 and 2 are jointly and severally liable to pay compensation to him and the 3rd respondent Insurance Company is liable to indemnify the 1st and 2nd respondents. Though the 3rd respondent Insurance Company resisted the claim and denied the rashness and negligence alleged against the 2nd respondent, the Tribunal rejected the said contention and found that the accident was caused by the rash and negligent driving of the bus by the 2nd respondent and thereby, the 1st and 2nd respondents are jointly and severally liable to pay compensation to the petitioner. Since the accident was covered under the insurance policy, the 3rd respondent was held liable to indemnify the 1st respondent, by paying compensation to the petitioner. The Tribunal passed the impugned award granting Rs. 1,84,384/- with 8% interest to the petitioner, as compensation. The quantum of compensation granted under different heads of claim is challenged in this appeal.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the 3rd respondent, Insurance Company.