D SAMPATH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and Order passed by the High Court of Judicature at Madras in Civil Miscellaneous Appeal No. 2099 of 2002 dated 12.04.2010. By the impugned judgment, the Court has modified the compensation awarded by the Motor Accident Claims Tribunal, Chennai (for short, "the Tribunal") in MCOP No. 1971 of 1998 dated 12.02.2002.

(3.) The facts are not in dispute. Claimant was a pillion rider of a motor cycle which was driven by one A. Sridhar. It met with an accident due to oil spill on the road on 14.01.1998 at about 7.10 P.M. The claimant and the driver of the vehicle sustained injuries. Both of them were treated in the hospital for the injuries sustained by them. The vehicle was insured with United India Insurance Company Ltd. - Respondent No. 1 by the owner of the vehicle -Respondent No. 2. The claimant filed claim petition before the Tribunal inter-alia requesting to award compensation at a sum of Rs. 12,00,000/- (Rupees Twelve lakhs only) under various heads. Claimant had examined himself as PW-2 and other witnesses, including Dr. J.R.R. Thiagarajan - PW-3, who had assessed the disability sustained by the claimant at 75%. The Tribunal, after considering the various factors, including the medical evidence, had quantified the compensation payable by the Insurance Company at a sum of Rs. 3,50,000/-. Being aggrieved by the compensation so awarded by the Tribunal, the claimant had preferred Civil Miscellaneous Appeal No. 2099 of 2002, before the High Court of judicature at Madras. The Court, after re-considering the claim of the claimant and re-appreciating the evidence on record, has enhanced the compensation to Rs. 4,90,000/ from Rs. 3,50,000/- awarded by the Tribunal. It is this judgment and order which is called in question in this appeal.