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2014 Supreme(Ker) 18

S.S.SATHEESACHANDRAN
Muhammed – Appellant
Versus
Asharaf – Respondent


Advocates Appeared:
For the Appellant:Sooraj T. Elenjickal, Namitha Jyothish, Advocates.
For the Respondents:R3, A.A. Ziyad Rahman, Advocate.

Judgment :

1. Claimant is the appellant. He has filed the above appeal challenging the quantum of compensation awarded by the tribunal for the loss and injuries suffered by him in a motor accident.

2. His claim was for a sum of Rs.1,00,000/-. The tribunal awarded him a sum of Rs.23,300/- with interest fixed, after coming to a finding that he too had contributed to the extent of 60% for the occurrence with the driver of the other vehicle as against whom he claimed compensation. Award so passed by the tribunal is challenged on the ground that the compensation awarded is inadequate.

3. Accident took place when appellant was riding on a motorcycle through Aluva-Munnar public road from east to west, at about 12.30 p.m on 24.9.2004. His bike collided with a private bus driven by first respondent and owned by second respondent coming from the opposite direction. Third respondent was the insurer of that bus. Crime registered on the statement of claimant proceeded against the driver of the bus as accused, but, later, after investigation, the case was referred treating it as an accident. Claimant filed a protest complaint against the driver of the bus, and, on cognizance of offences taken there





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