JALAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.2506 of 2004 of the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal'), Kozhikode. The aforesaid Original Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered by him in a road traffic accident. According to him, on 08.09.2004 at about 3.30 pm, while he was travelling in a motorcycle as a pillion rider, the offending lorry driven by the 1st respondent came in a rash and negligent manner and hit against the motorcycle, as a result of which he fell down and sustained injuries. The accident has occurred due to the rash and negligent driving of the offending lorry by the 1st respondent. He claimed Rs. 6, 00, 000/- as compensation. According to him, the 1st respondent is the owner-cum-driver. Driver of the offending lorry is liable to pay compensation to him and the 2nd respondent Insurance Company is liable to indemnify the 1st respondent.

(2.) The 2nd respondent Insurance Company opposed the said application, disputing the quantum of compensation claimed under various heads of claim and the cause of accident; but admitted the coverage of the insurance policy.

(3.) After considering the evidence on record, the Tribunal passed the impugned award granting Rs. 3, 50, 800/- with 7% interest as compensation for the injuries suffered by him. The inadequacy and correctness of the quantum of compensation determined under various heads of claim are challenged in this appeal.