LAKSHMIDEVI Vs. K.V. PARAMESWARAN AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No. 862/2017 of Motor Accidents Claims Tribunal, Palakkad by the injured. The appellant sustained injuries in a motor accident on 03.09.2006 and the learned Tribunal awarded Rs. 2,03,450/- as compensation. Being aggrieved by that, the injured preferred this appeal.

(2.) In the lower court, the insurer admitted the insurance of the vehicle. The driver and owner of the offending vehicle were set ex-parte. Even though, the insurer contended that the accident was due to the negligence of the rider of the motor cycle, no evidence has been adduced in the lower court to prove the rash and negligent driving of the rider of the motor cycle. Therefore, the learned Tribunal found that the accident was due to the negligence of driver of the car. The claimant did not adduce any oral evidence, but her documents were marked as Exts.A1 to A10. Respondents evidence was marked as Ext.B1. The third party evidence was marked as Ext.X1.

(3.) The learned counsel appearing for the appellant contended that the injured is a house wife and was getting Rs. 5,000/- per month and the learned Tribunal took only Rs. 2,500/- for calculating compensation. She also sustained 19% disability, but it was reduced to 10% without any evidence.