NISHANTH Vs. SIDDIQUE. A.M AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.721/2011 of the Motor Accidents Claims Tribunal, Alappuzha by the injured. The appellant sustained injuries in a motor accident on 13.03.2011 at 9.30 am and the learned Tribunal awarded compensation of Rs. 4,83,576/- with 8% interest and proportionate cost. Being aggrieved by that, the injured preferred this appeal.

(2.) The claimant's case in the lower court was that on 13.03.2011 at 9.30 am, he was travelling as a pillion rider in a motor cycle, when he reached near Sakthi Auditorium, Alappuzha a car KL-07/AD 7018 driven in a rash and negligent manner hit against the motor cycle, as a result he sustained serious injuries. Immediately, he was removed to hospital. The driver and owner of the vehicle were set ex-parte. The insurer admitted the insurance of the vehicle. The claimant was examined as PW1 and his documents were marked as Exts.A1 to A12. The 3rd party documents were marked as Exts.X1 and X2. Respondents evidence consist of the documentary evidence of Ext.B1.

(3.) The learned counsel appearing for the appellant contended that he was a Technical Assistant in M/s. Vismaya Communication, Alappuzha and was getting Rs. 15,000/- per month. The learned Tribunal took Rs. 4,000/- for calculating disability compensation. The appellant has permanent disability of 23% and he is entitled to get just amount as compensation.