Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MRS.JUSTICE K.HEMA & THE HON'BLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 MACA.No. 2878 of 2008 ------------------------- OPMV.406/2002 of MACT, ERNAKULAM ............... APPELLANT/PETITIONER: MOHENDRAN ALIAS MOHANENDREAN, AGED 58 S/O. NARAYANAN, PULIYANAZHATH HOUSE, TATA OIL MILLS ROAD, ERNAKULAM. BY ADVS.SRI.S.SREEKUMAR SRI.N.M.MOHAMMED AYUB RESPONDENTS/RESPONDENTS:
1. MR. JOHN PAUL, S/O PAUL, VALOORAN HOUSE, MANJAPRA.P.O, ANGAMALY.
2. V.J.
PAUL, S/O. YOHANNAN, VALOORAN HOUSE, MANJAPPRA.P.O, ERNAKULAM.
3. UNITED INDIA INSURANCE CO. LTD., DOOR NO.3, KOCHI-35. R1 & R2 BY ADV. SRI.P.T.JOSE R3 BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Hema & A.Hariprasad, JJ.
------------------------------- M.A.C.A.No.2878 of 2008 ------------------------------- Dated this the 29th day of January, 2013 JUDGMENT Hema, J.
The appellant filed a petition before Motor Accidents Claims Tribunal ('the Tribunal' for short) under Section 166 of the Motor Vehicles Act ('the Act' for short) for compensation for the injuries sustained by him in a motor accident. After trial, learned Tribunal awarded ` 44,240/- as compensation to appellant with 7.5% interest per annum from the date of petition till payment. Third respondent insurer was directed to deposit the said amount within thirty days. Dissatisfied with the quantum of compensation awarded, this appeal is filed by the claimant.
2. According to appellant, on 25.01.2001 at about 4.20 p.m., while he was walking through the public road, a car driven by second respondent in a rash and negligent manner hit against him and he sustained severe injuries. He was removed to the hospital and was treated there till 03.02.2001. He continued the treatment as out patient. He is also undergoing treatment for MACA 2878