IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
DENNY DAVID – Appellant
Versus
PRINCY – Respondent
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1873 of 2005 on the files of the Additional Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents before the tribunal.
2. The case of the appellant/claimant is that on
27.11.2004, while he was riding a motorcycle bearing Reg.No.KL-8/M 1224, an autorickshaw bearing Reg.No.KL-8/V 820 driven by the second respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹1,00,500/-.
3. Respondents 1 and 2, who are the owner and driver of the offending vehicle, appeared before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 was examined and Exts.A1 to A10 & B1 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹59,800/- as compensation under different heads with interest @ 9% per annum from the date o
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