MOHAMMED NOUFAL Vs. SAHEED

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV)No.93 of 2010 on the files of the Motor Accidents Claims Tribunal, Tirur.

(2.) The appellant sustained injuries in a road traffic accident which occurred on 10.6.2008 at 6 p.m. While the appellant was riding a motor cycle bearing Reg.No.KL- 10/Z-831 along Valancheri-Koppam public road, an autorickshaw bearing Reg.No.KL-10/E-8726, driven by the second respondent in a rash and negligent manner, hit against the motor cycle ridden by the appellant when the appellant reached near Nadakkav Service Station and as a consequence, the appellant sustained serious injuries. The appellant was immediately taken to the hospital and treated there as inpatient.

(3.) As per the award impugned, the appellant was granted a compensation of Rs.87,730/- in connection with the injuries sustained by him. However, the Tribunal found that the appellant also contributed to the accident. The negligence on the part of the appellant was fixed at 50% by the Tribunal on finding that the appellant did not possess a valid driving licence to ride the motorcycle at the relevant time. Aggrieved by the finding of the Tribunal that the appellant contributed to the accident and also the quantum of compensation awarded by the Tribunal, this appeal has been filed.