JITHIN Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Appellant who sustained injuries in a road accident approached the motor accidents claims tribunal for compensation. The tribunal awarded him compensation. He is not satisfied with the quantum. He is therefore in appeal.

(2.) The case of the appellant is summarized below: It was at 00 p.m on 28.1.2008 the accident. The appellant was a traveller on the pillion seat of a motor cycle. The bus bearing registration No.KL 18D-3186 came in the opposite direction. The bus was driven rashly and negligently. It knocked down the motor cycle on which the appellant was travelling. He sustained grievous injuries. He was treated as an inpatient in three hospitals for 22 days.

(3.) The owner and driver of the bus did not contest the claim of the appellant. The sole respondent in the appeal is the insurer. It admitted the policy of insurance. The insurer contended for exoneration on the ground that there was violation of policy conditions. There were other usual contentions such as denying the age, occupation and income of the appellant.