JOHNY K.O. Vs. BIJI ANILKUMAR AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 274 of 2014 of the Motor Accidents Claims Tribunal, Irinjalakuda by the injured. Appellant sustained injuries in a motor accident on 30.10.2013 and the learned Tribunal awarded compensation of Rs. 91,800/- (Rupees Ninety One Thousand Eight Hundred only) with interest and cost as compensation. Being aggrieved by that, the injured preferred this appeal.

(2.) There was no dispute with regard to the accident in the lower court. Appellant's case in the lower court was that on 30.10.2013 while he was riding a motorcycle KL-8/Q-3467 through Irinjalakuda-Thrissur public road, another vehicle KL-45/D-9837 driven in a rash and negligent manner hit against the motorcycle, thereby he sustained a fracture to pelvis. The driver and owner were ex pate. The insurer admitted the insurance of the vehicle. Appellant's documents were marked as Exts.A1 to A15.

(3.) Learned counsel appearing for the appellant contended that the Doctor certified 10% disability, but the learned Tribunal took only 5% disability for assessing the disability compensation. There was no dispute with regard to other aspects.