LAWS(KER)-2018-1-338

ABRAHAM P J Vs. BAIJU

Decided On January 24, 2018
Abraham P J Appellant
V/S
BAIJU Respondents

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV) No.987 of 2001, on the files of the Motor Accidents Claims Tribunal, (hereinafter referred to as 'the Tribunal') , Kozhikode. The said petition was filed under Section 166 of the Motor Vehicles Act, 1988(hereinafter referred to as 'the M.V. Act') , claiming compensation for the damages suffered by him in a road accident. The parties are referred to as in the Original Petition.

(2.) According to the petitioner, on 18.11.2000, at about 12 noon, the petitioner was riding a bicycle through Edakkara - Palenkara road keeping the side and when it reached in front of a Muslim Palli, it was hit by an offending jeep bearing Registration No.KL-10/F 6481, which came from the opposite side and due to the impact of the hit, he was thrown away, fell down and sustained grievous injuries. He was treated as an inpatient for 18 days in Medical College Hospital, Kozhicode. He has partially lost his eye sight and not able to do any work as was doing before the accident. He claimed Rs.3, 00, 000/-, as compensation for the damages caused to him by the accident. The 3rd respondent Insurance Company admitted coverage of the vehicle under the policy issued to the 2nd respondent; but disputed the damage claimed under various heads of claim.

(3.) After considering the rival contentions opposing the claim for compensation, the Tribunal passed the impugned award granting Rs.1, 24, 197/- as compensation for the damages suffered by him. This appeal is filed assailing the inadequacy and disproportionationality of the quantum of compensation determined under various heads of claim.