LAWS(KER)-2018-1-48

NATIONAL INSURANCE CO LTD Vs. JOSEPH RAJ

Decided On January 03, 2018
NATIONAL INSURANCE CO LTD Appellant
V/S
Joseph Raj Respondents

JUDGEMENT

(1.) Appellant is the insurer. The 1st respondent in the appeal is the claimant before the motor accidents claims tribunal. The 2nd respondent is the owner and driver of the vehicle which was insured with the appellant. The tribunal awarded a total compensation of Rs. 4,89,093/- under different heads. The appellant appeals challenging the quantum.

(2.) The case of the 1st respondent is stated below : The accident was at 3.00 pm on 11.1.201 The 1st respondent was travelling in an autorikshaw. It bore registration no. KL-39A-393. The vehicle was driven in a rash and negligent manner by the 2nd respondent. As a result of it the 1st respondent fell down from the autorikshaw. He sustained injuries. He was admitted in the general hospital on 11.1.201 He was discharged on 24.1.201

(3.) The appellant contested the case before the tribunal. It disputed the rashness and negligence alleged against the 2nd respondent. It was also contended that the age, profession and monthly income of the 1st respondent were not correctly shown in the application.