M. SANTHOSH KUMAR Vs. PRABHAKARAN N.S.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 29.10.2015 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 29.09.2013 the claimant was proceeding on his motorcycle bearing registration No.TN-01/X-1775 on Palamner - Bangalore NH-4 road, near Govindasettipalli Cross. At that time, a car bearing registration No.KA-53/P-7459 which was being driven by its driver in a rash and negligent manner, dashed against the motorcycle. As a result of the aforesaid accident, the claimant sustained injuries and was hospitalised.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that he was a mechanic and was earning Rs.15,000/- p.m. It was further pleaded that on account of the injuries sustained in the accident, claimant has suffered permanent disability and was unable to do his regular work and has lost his earnings. It was further pleaded that the accident has occurred due to the rash and negligent driving of the driver of the car. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was further pleaded that the claimant neither knew how to drive the motorcycle nor had valid documents pertaining to vehicle and had consumed alcohol. He was also not wearing the helmet and the accident has occurred due to the rash and negligent driving of the claimant himself. The respondent No.1 did not appear inspite of service of notice and was placed ex-parte. Hence, he sought for dismissal of the petition.