VINAYAGAM Vs. SAKUNTHALA

JUDGEMENT

(1.) THE Claimants has come forward with this appeal challenging the award of Rs.62,930.60 granted by the Motor Accidents Claims Tribunal as against the claim of Rs.5,00,000/ - for the injuries suffered by the claimant.

(2.) IN the accident that took place on 09.3.2003, the petitioner, who is aged about 19 years, sustained head injuries and he was admitted in the hospital where he was in Come stage and took treatment as In -Patient for more than 43 days. Due to the said injury, he has lack of memory and also suffering from Headache. The Court below had granted a sum of Rs.10,000/ - towards pain and suffering and Rs.5,000/ - towards injuries. Aggrieved against the meagre amount granted by the Court below, the claimant has preferred this appeal.

(3.) IT is also contended by the learned counsel for the claimant that even with regard to the liability, the Court below ordered only 50%. The claimant was only a passenger in the bus. But unfortunately, the Court below fastened 50% liability on the passenger/claimant, which is legally not sustainable. Therefore, he challenges the liability also. The learned counsel for the appellant/claimant brought to the notice of the Court that in respect of the very same accident, more than 7 persons died and 30 persons were injured and according to him, in the other cases, the Insurance company was held liable for the payment in full. Therefore, the same has to be applied in this case also.