(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award and decree passed by the Motor Accident Claim Tribunal & Sub-Court, Udumalpet made in M.C.O.P.No.108 of 2004 dated 10.03.2005, awarding a compensation of Rs.1,91,528/- together with interest at the rate of 9% per annum, from the date of filing the claim petition till the date of payment of compensation.
(2.) HAVING not been satisfied with the award and decree dated 10.03.2005, made in M.C.O.P.No.108 of 2004, passed by the Motor Accident Claims Tribunal, Sub-Court, Udumalpet, the appellant/claimant has filed this appeal praying for granting of additional compensation of Rs.1,00,000/- together with interest.
(3.) AFTER considering the plea of the claimant and the counter statement of the 3rd respondent, the Tribunal had framed two issues namely: 1. Whether the accident had happened due to the rash and negligent driving of the first respondent" 2. Whether the claimant is entitled to get compensation" If so, what is the quantum of compensation"