NALINI Vs. HARIDASAN AND OTHERS

JUDGEMENT

(1.) The appellant was the petitioner in O.P. (MV)No.941/2009 of the Motor Accidents Claims Tribunal, Palakkad and the aforesaid original petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road traffic accident. According to the petitioner, on 14.3.2009 at about 10.45 a.m. while he was walking through the edge of the road, the offending vehicle driven and owned by the first respondent and insured with the second respondent hit her, as a result of which she sustained serious injuries. According to her, the accident was caused by the rash and negligent driving of the offending vehicle by the first respondent and thereby the first respondent is liable to pay compensation to her and the second respondent insurance company is liable to indemnify the first respondent by paying compensation to her.

(2.) The respondent insurance company opposed the said application, disputing the cause of accident and the quantum of compensation, under various heads of claim. However, after considering the evidence on record, the Tribunal passed the impugned award, granting Rs. 1,97,476/- with 9% interest to the petitioner as compensation. The inadequacy and correctness of the quantum of compensation are assailed in this appeal.

(3.) Heard the learned counsel for the appellant and the learned standing counsel for the insurance company.