SIVAN Vs. RAJISH

JUDGEMENT

(1.) Appellant sustained injuries in a road accident. He moved an application before the motor accidents claims tribunal for compensation. The tribunal passed an award. The appellant is not satisfied with the quantum. Therefore is he in appeal.

(2.) The case of the appellant goes as follows: It was at around 11.15 a.m on 23.10.2005 the accident. The appellant was riding on his motorbike. The first respondent came in the opposite direction on his bike bearing registration No.KL 7T-6128. The two bikes collided. It happened since the first respondent was riding his bike rashly and negligently. The appellant sustained serious injuries.

(3.) The first respondent did not contest the claim of the appellant. The second respondent who owned KL 7T-6128 bike contended for rashness and negligence on the part of the appellant. The third respondent, the insurer of KL 7T-6128 bike, also attributed negligence on the appellant. The underwriter denied the negligence alleged against the first respondent. It was also contended by the insurer that the first respondent did not have a valid licence to ride a motorbike. There were usual contentions such as denying the age, occupation, monthly income et cetera of the appellant.