SIJO JOSEPH Vs. RELIANCE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) These appeals are preferred against the award in OP(MV) No.809/2013 of the Addl. Motor Accidents Claims Tribunal-I, Kottayam. M.A.C.A No.2850/2015 was preferred by the insurer and M.A.C.A. No.3745/2016 was preferred by the injured. On 08.03.2013 at 3.00 pm, the claimant was riding in a motor cycle through the M.C road and when he reached at Vattakuzhy, a tipper lorry KL- 64/6532 came in a rash and negligent manner and hit against the motor cycle, as a result he sustained serious injuries. Immediately he was removed to hospital.

(2.) The owner of the vehicle was ex-parte. The driver contended that the accident was not due to his negligence. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A7.

(3.) The learned counsel appearing for the appellant in M.A.C.A No.3745/2016 contended that the injured is working in a hotel and was gettting Rs. 12,500/- per month. The learned Tribunal reduced the income to Rs. 6,000/-, which is illegal. The appellant's right leg was amputated and the Medical Board certified 50% disability. Ignoring the disability certificate, the learned Tribunal fixed the disability at 40% and just amount was not awarded by the Tribunal. No amount was awarded towards future medical treatment.