GOPALAKRISHNAN, S/O. NARAYANAN, Vs. NATIONAL INSURANCE CO.LTD., REP.BY ITS BRANCH MANAGER, CHERUPUSHPAM BUILDINGS, MAIN ROAD, PALA, KOTTAYAM DISTRICT

JUDGEMENT

(1.) The appellant is the petitioner in O.P. (MV)No. 846/2011 of the Motor Accidents Claims Tribunal, Pala. The aforesaid application was filed under section 166 of the Motor Vehicles Act (for short, the Act), claiming compensation for the injuries suffered by him in a road traffic accident. According to him, on 10.5.2011 at about 7.15 p.m., while he was riding a motor cycle, the offending car driven by the first respondent, owned by the second respondent and insured with the third respondent, came in a rash and negligent manner, hit on the motor cycle of the petitioner and thereby he fell down and sustained injuries. According to him, the accident was caused by the rash and negligent driving of the offending vehicle by the first respondent and thereby the respondents 1 and 2 are liable to compensate the petitioner and the third respondent is liable to indemnify the respondents 1 and 2, by paying compensation to him. He claimed Rs. 4,00,000/- as compensation for the injuries suffered by him.

(2.) The respondents opposed the said application, disputing the quantum of compensation and the cause of accident. The third respondent insurance company admitted the coverage of insurance policy. After considering the evidence on record, the Tribunal passed the impugned award granting Rs. 1,18,000/- as compensation to the petitioner. The inadequacy and correctness of the quantum of compensation granted under various heads of claim are challenged in this appeal.

(3.) Heard the learned counsel for the appellant and the learned counsel for the respondent.