LAWS(KER)-2018-1-327

CHANDRAN S/O RAVUNNI Vs. SHANIL KUMAR

Decided On January 17, 2018
Chandran S/O Ravunni Appellant
V/S
SHANIL KUMAR Respondents

JUDGEMENT

(1.) The appellant sustained injuries in a motor accident. His claim for compensation for Rs.4, 58, 000/- was allowed by the motor accident claims tribunal to the extent of Rs.1, 02, 850/-. The appellant is dissatisfied with the quantum. Hence he is in appeal.

(2.) The case of the appellant may be briefly stated as follows : He was a passenger in a stage carriage. The bus capsized. It happened on account of the rash and negligent driving of the bus by its driver. The appellant sustained severe injuries including a fracture. The accident was on 13.9.2011.

(3.) The 2nd respondent in the appeal, who is the insurer, alone contested the application of the appellant before the tribunal. The policy of insurance was admitted. But, according to the insurer, the driver who drove the bus did not have a driving licence and badge and the vehicle had no permit and fitness certificate.