ALBIN Vs. SURESH AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Wayanad, Kalpetta dated 29.9.2014 in O.P.(MV) No. 40 of 2013, a claim petition filed by the appellant/claimant under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor accident which occurred on 23.11.2012, while he was riding a motor cycle bearing Reg. No. KL-58/7542. At the place of accident, the motor cycle was hit by another motor cycle bearing Reg. No. KL-12/E-3404 owned and ridden by the first respondent and insured with the second respondent. As a result of the accident, the appellant/claimant sustained serious injuries. Alleging that the accident occurred due to the rash and negligent riding of the motor cycle by the first respondent rider, claim petition was filed before the Tribunal claiming a total compensation of Rs. 3,00,000/- under different heads.

(2.) Before the Tribunal, the first respondent was set ex-parte. The second respondent insurer filed written statement admitting the insurance coverage of motor cycle bearing Reg. No. KL-12/E-3404 during the relevant time. However, the second respondent contended that the accident occurred due to the rash and negligent riding of the motor cycle by the appellant/claimant and that, the compensation claimed is highly exorbitant.

(3.) Before the Tribunal, Exts. A1 to A6 were marked on the side of the appellant/claimant and Pws.1 to 3 were examined. Ext. C1 is the disability certificate issued by the District Medical Board, Wayanad. Both sides have not chosen to adduce any oral evidence.