N ELUMALAI Vs. R MENAKA

JUDGEMENT

(1.) AGGRIEVED by the order of the Motor Accident Claims Tribunal (IV Judge, Court of Small Causes), Chennai dated 16.03.2004 in M.C.O.P.No.3249 of 1999, the appellant has filed this appeal before this Court.

(2.) THE facts of the case are as follows:- THE appellant sustained head injuries, bone fracture in the left leg, injury in the right shoulder and other injuries all over the body in the accident occurred on 05.05.1999. THE petitioner was hit by a motorcycle driven in a rash and negligent manner and as a result of which, the above injuries were sustained and he was treated as inpatient from 05.05.1999 to 12.05.1999 in Government Stanley Hospital and later in a Private Hospital. For the above injuries, he claimed a compensation to the tune of Rs.1,00,000/-. THE said claim of the appellant was contested by the second respondent/Insurance Company herein contenting that the accident occurred only due to the recklessness of the petitioner and that in any event there was contributory negligence on the part of the claimant.

(3.) MS.Jothi, learned counsel for the appellant submitted that the claimant was aged about 52 years and was earning about Rs.6,790/- as a monthly salary and he was employed as a conductor in Dr.Ambedkar Transport Corporation and because of the injuries, he could not continue the job and took voluntary retirement when he had six years of service. He further submitted that when the disability was proved at 45%, the Tribunal erroneously awarded a sum of Rs.35,000/- and for loss of income during the treatment for 11 months no amount was awarded and on other heads very low amounts were awarded. Therefore, the learned counsel sought for enhancement of the compensation amount.