LIBIN K S Vs. SEBASTIAN P M

JUDGEMENT

(1.) The appellant is the petitioner in O.P. (MV)No.1548/2006 on the file of the Motor Accidents Claims Tribunal, Thalassery. The aforesaid petition was filed under section 166 of the Motor Vehicles Act, claiming compensation for the bodily injuries suffered by him in a road traffic accident. According to the petitioner, while he was returning from school in a friend's bicycle, the offending jeep, driven by the first respondent, hit him, causing grievous injuries to him. According to him, the accident was caused due to the rash and negligent driving of the offending vehicle, by the first respondent. Hence, the respondents 1 and 2, who are the owner-cum-driver and insurer, are responsible to compensate him. He claimed Rs.2,00,000/-, as compensation, for the injuries suffered by him.

(2.) The insurance company opposed the said claim, disputing the quantum of compensation, claimed under various heads and the cause of accident, but admitted the coverage of the policy, contending that there was violation of the policy conditions. The first respondent was not holding the badge, for driving the jeep. Therefore, the second respondent insurance company is not liable, to indemnify the first respondent.

(3.) After considering the evidence on record, the Tribunal passed the impugned award, granting 1,23,700/- to the appellant, as compensation. The inadequacy and correctness of the quantum of compensation, determined under various heads of claim and the reservation clause granted in favour of the insurance company, to realize the compensation from the first respondent, after effecting payment to the appellant, are challenged in this appeal.