MANAGING DIRECTOR Vs. JAYAKUMAR

JUDGEMENT

(1.) THIS appeal is filed by the second respondent in O. P. (M. V.) No. 1287 of 2000, on the file of the M. A. C. T. , Neyyattinkara. The first respondent is the petitioner and the second respondent is the first respondent in that Original petition. That is a petition filed under Section 166 of the M. V. Act.

(2.) THE allegation is that on 28. 2. 2000, while the petitioner was riding his motor cycle with his wife as pillion rider from Parassala to Cheruvarakonam from north to south, a Tamil Nadu bus bearing No. TN 74 N-0252, belonging to the second respondent and driven by the first respondent in the O. P. in a rash and negligent manner came from the opposite direction and hit against the motor cycle, as a result of which the petitioner and his wife fell down and sustained injuries. The accident took place due to the rash and negligent driving of the first respondent. The petitioner claims Rs. 3 lakhs as compensation. The wife of the petitioner filed O. P. (M. V.) 1293 of 2000 claiming Rs. 1 Lakh as compensation.

(3.) THE respondents filed written statement contending that the accident was due to the rash and negligent driving of the petitioner and that the compensation claimed is excessive. Before the Claims Tribunal, PWs. 1 and 2 and rw1 were examined. Exts. A1 to A20 were marked. The learned Claims Tribunal, on considering the evidence, allowed O. P. (M. V.) No. 1287 of 2000 and an award was passed allowing the petitioner to realise a sum of Rs. 90,540/- with interest at the rate of 9% from the date of the application till date of realisation from respondents 1 and 2 in the O. P. Against that award the second respondent in the o. P. filed this appeal.