P PARTHASARATHI Vs. SUBRAMANIAN

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed by the appellant against the judgment and decree made in M.C.O.P. No. 463 of 1998, dated 31.7.2000, on the file of Motor Accidents Claims Tribunal-cum-Principal District Judge, Dindigul.

(2.) APPELLANT travelled in a bus owned by the respondent No. 1. The bus was insured with the respondent No. 3. While he was travelling in the bus, the lorry owned by the respondent No. 2 hit the bus and he lost his right hand entirely and his right hand was amputated at the shoulder level. He suffered 90 per cent permanent partial disability. The lorry was also insured with the respondent No. 3. He filed M.C.O.P. No. 463 of 1998 claiming Rs. 10,00,000 as compensation before the Motor Accidents Claims Tribunal, Principal District Judge, Dindigul. Tribunal passed an award dated 31.7.2009, holding that both the drivers of the lorry and the bus equally contributed to the accident and fastened the liability on each of them in the ratio of 50 per cent and 50 per cent. However that makes no difference since respondent No. 3 is the insurance company for both the vehicles. The Tribunal awarded Rs. 2,84,200 as compensation with interest at 12 per cent and costs. The claimant seeks enhancement of compensation amount from Rs. 2,84,200 to Rs. 10,00,000.

(3.) THE learned counsel for the appellant makes the following submissions: