VINOD CHERIAN Vs. THOMAS K M KADAKASSERIL

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV).No. 1392/2009 of the Motor Accidents Claims Tribunal, Kottayam. The aforesaid application was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road traffic accident.

(2.) According to him, on 18.04.2009 at about 11.30 am, while he was traveling in a maruthi car, the offending jeep ridden by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent hit him, while attempting to overtake a tempo van hit on the said maruthy car and thereby the petitioner sustained serious injuries. The accident was caused by the rash and negligent riding of the jeep by the 2nd respondent. So the 1st and 2nd respondents are liable to pay compensation to him and the 3rd respondent insurance company is liable to indemnify the 1 st and 2nd respondent by paying compensation to him.

(3.) The 3rd respondent insurance company opposed the said application disputing the quantum of compensation and cause of accident but admitted the coverage of insurance policy. After considering the evidence on record, the tribunal passed the impugned award granting Rs. 2, 15, 838/- with 9% interest as compensation for the injuries suffered by him. The inadequacy and correctness of the quantum of compensation granted under various heads of claim are challenged in this appeal, filed by the petitioner.