BHANU S NAIR Vs. ANITHA S NAIR

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.1392/2010 of the Motor Accidents Claims Tribunal, Pathanamthitta by the injured. The appellant sustained injuries on 15.07.2010 at 12.30 pm, while he was travelling as a pillion rider in a motor cycle KL 27 A 5570 through the Thiruvalla - Kozhencherry public road. The learned Tribunal dismissed the application on the ground that there was no negligence from the part of R1, the driver of the vehicle, but it was accidentally happened. Being aggrieved by that, the injured preferred this appeal.

(2.) In the lower court, the driver was set exparte. The insurer admitted the insurance of the vehicle, but denied the liabilities, since the criminal case was referred as a motor occurrence. The claimant examined PW1 and 2 and her documents were marked as Exts.A1 to A1

(3.) The learned counsel appearing for the appellant contended that the appellant is entitled to get just amount as compensation. The injuries sustained due to the use of motor vehicle in a public road. Even though the criminal case was referred by the Tribunal, the appellant is entitled to get just amount as compensation.