LAWS(KER)-2018-2-289

MATHEW Vs. GEORGE ABRAHAM

Decided On February 21, 2018
MATHEW Appellant
V/S
GEORGE ABRAHAM Respondents

JUDGEMENT

(1.) The appellant was the petitioner in O.P.(MV) No.430 of 2012 on the files of the Motor Accidents Claims Tribunal, (hereinafter referred to as 'the Tribunal') , Muvattupuzha and the aforesaid Original Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the bodily injuries suffered by him and consequential disablement thereof in a road traffic accident.

(2.) According to him, on 21.03.2012, when he was riding a motorcycle, the offending motorcycle came from the opposite side in a rash and negligent manner hit him and he sustained grievous injuries in the said accident. The accident was caused by the rash and negligent riding of the offending motorcycle owned by the 1st respondent, ridden by the 2nd respondent and insured with the 3rd respondent. The respondents are liable to pay compensation for the bodily injuries and disablement thereof.

(3.) The 3rd respondent Insurance Company opposed the said application, disputing the quantum of amount claimed under various heads and the cause of accident. However, after considering the evidence on record, the Tribunal passed the impugned award granting an amount of Rs. 10, 50, 453/-, as compensation to the appellant. This appeal is filed challenging the inadequacy and correctness of the quantum of compensation determined under various heads of claim.