OUSEPH Vs. ANTONY

JUDGEMENT

(1.) THIS appeal by the claimant arises out of an application under the Motor Vehicles Act, for compensation on account of personal injuries suffered by him in a motor accident. The accident occurred on 3.11.1980 at 7.30 p.m. while the claimant was riding on his cycle from Iringole to Perumbavoor. While he was riding on the cycle, a jeep KLF 3070 belonging to the 1st respondent and driven by the 2nd respondent came from the opposite direction in a rash and negligent manner and hit the cycle. Consequently, the claimant suffered injuries on his head, cheek and nasal bones. He also lost all his teeth. He was treated by Dr. Subba Rao, Neuro Surgeon in the Medical Trust Hospital, Ernakulam, as an inpatient for 22 days from 4.11.1980. He claims that he is totally disabled. He made a total claim of Rs. 4,37,400/-under various heads but limited the compensation to Rs. 1,00,000/-. The 3rd respondent is the insurance company who is the insurer of the jeep in question.

(2.) RESPONDENT Nos. 1 and 2 contested the petition disputing the rashness and negligence alleged by the petitioner-claimant and also questioned the quantum of compensation. The 3rd respondent, insurance company, admitted the existence of a valid insurance policy but questioned its liability and also contended that its liability should be limited to Rs. 50,000/-.

(3.) THE appeal is by the claimant against the above award. There is no challenge to the finding regarding the rash and negligent driving of the 2nd respondent in this appeal and so, the only question for determination is whether the compensation awarded by the Tribunal is sufficient in the circumstances of this case.