SHAJI Vs. ARJUN

JUDGEMENT

(1.) F. No. 47696 of 2019:-The appellant is the claimant in O.P. (MV) No. 1052 of 2015 on the file of the Motor Accidents Claims Tribunal, Kottayam, a claim petition filed under S. 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor accident, which occurred on 11.05.2015, involving a motorcycle bearing registration No. KL-04/AG-6474, owned and ridden by the 1st respondent and insured with the 2nd respondent, while he was walking on the side of Pala - Ettumanoor Road. At the place of accident, the appellant was knocked down by the motorcycle ridden by the 1st respondent, as a result of which he sustained injuries. Alleging that the accident occurred due to the rash and negligent riding of the motorcycle by the 1st respondent rider, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 5,00,000/- under various heads.

(2.) In O.P. (MV) No. 1052 of 2015, the Tribunal passed an award dated 08.07.2019, awarding a total compensation of Rs. 2,38,880/-, together with interest at the rate of 8.5% per annum from the date of petition, i.e., 08.07.2019 tilt realisation, with proportionate cost.

(3.) Dissatisfied with the quantum of compensation, the appellant is before this Court in this appeal filed under S. 173 of the Motor Vehicles Act. The description of the appellant and the respondents in the cause title of the memorandum of appeal is as follows;