K VENKATANARAYANAN Vs. BALAJI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Salem, in M.C.O.P. No. 27 of 1997. The claimant is the appellant in the above appeal.

(2.) According to the claimant-appellant on 24.9.1996 at about 8.45 p.m. when he along with his wife, was returning home in his Hero Punch moped, bearing registration No. TN 27-9721 from Kalki Temple located near Ramakrishna Road junction, the ride'r of the scooter bearing registration No. TN. 27-A 6041, came in a rash and negligent manner. He dashed against the claimant's moped. As a result of which, he and his wife fell down from the moped. He sustained fracture on his left leg, and also injuries on his left eyebrow, left shoulder, left index finger, fracture of the maxillary bone and fracture of zygoma. The moped which he was driving was also damaged. He took treatment in a private hospital by spending huge amount and after discharge from the hospital, he was using crutches for walking. The accident had resulted in permanent disability and he was not able to continue to work as he was doing previously. A sum of Rs. 2,00,000 was claimed as compensation.

(3.) In the counter filed by the respondent No. 2, it was contended that the accident was not due to rashness or negligence on the part of the respondent No. 1. The accident had resulted only on account of the careless driving of the claimant while crossing the four roads junction. The amount of compensation claimed was also excessive. The claimant was not entitled to any compensation. The rider of the scooter did not have any valid licence to ride the scooter.