MOHANAN Vs. V.V VARGHESE AND OTHERS

JUDGEMENT

(1.) These appeals are preferred against the award in OP(MV) No.333/2010 of the Motor Accidents Claims Tribunal, Irinjalakuda. The injured preferred M.A.C.A No.3210/2014 and the driver and owner of the vehicle preferred M.A.C.A No.1725/2015. One Mohanan, who is the claimant in OP(MV) No.333/2010 sustained serious injuries in a motor accident on 03.02.2010 and the learned Tribunal awarded Rs. 70,930/- with 7.5% interest and cost and the learned Tribunal directed the insurer to satisfy the award and reimburse the amount from the driver and owner of the vehicle, being aggrieved by that, they preferred M.A.C.A No.1725/2015 and the injured preferred M.A.C.A No.3210/2014.

(2.) The claimant's case in the lower court was that while he was walking through the side of the Palaprakunnu - Ambedkar public road, on 03.02.2010 a goods autorickshaw bearing registration No.KL-7/AR 7637 driven in a rash and negligent manner knocked down the injured, as a result, he sustained serious injuries. The driver and owner of vehicle were set ex-parte. The owner and insurer contested the case by filing a written statement. The second respondent disputed the rash and negligent driving. The insurer admitted the insurance of the vehicle, but contended that the driver was not holding valid driving licence. The claimant examined PW1 and PW2 as witnesses and marked Exts.A1 to A14 as his documentary evidence. A copy of the policy was marked as Ext.B1.

(3.) The learned counsel appearing for the appellant in M.A.C.A No.3210/2014 contended that the injured sustained serious injuries and the Doctor assessed the disability at the rate of 30%, but the learned Tribunal reduced the disability to 8% without any reason. The injured is a coolie and was getting Rs. 5,000/- per month. But it was reduced to Rs. 3,500/-. Hence, he is entitled to get just amount as compensation.