K R GOVINDAN Vs. SUJATHA

JUDGEMENT

(1.) Appellant is the petitioner in O.P.(MV) 1876/2009 of the Motor Accidents Claims Tribunal, Ernakulam and the respondents are the respondents therein. The aforesaid application was filed under Section 166(1) of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road traffic accident. According to him, on 6.12.2008, while he was riding his motor cycle, the offending container lorry driven by the second respondent, owned by the first respondent and insured with the third respondent, came in a rash and negligent manner and hit the motor cycle and caused grievous injuries to him. He contended that the accident was caused by the rash and negligent driving of the offending container lorry by the second respondent and thereby the respondents 1 and 2 are liable to pay compensation to him and the third respondent insurance company is liable to indemnify the respondents 1 and 2.

(2.) The respondents opposed the claim disputing the cause of accident and the quantum of compensation. However, after considering the evidence on record, the Tribunal accepted the aforesaid contentions raised by the appellant and passed the impugned award granting Rs. 5, 50, 500/- as compensation to the appellant herein, though he claimed Rs. 15, 65, 000/-. This appeal has been filed, challenging the inadequacy and correctness of the quantum of compensation granted under various heads of claim.

(3.) Heard the learned counsel for the appellant and the learned counsel for the respondents.