(1.) THE claimant has filed the present appeal not satisfied with the amount of Rs. 95,000/- granted by the Court below as against the claim of Rs. 2,00,000/- made by him in the claim petition.
(2.) ACCORDING to the claimant, on 18.12.2003 at 2.30 pm at Katpadi to Ranipet Road, near EB officer at Old Katpadi, when he was proceeding in his TVS Victor Motorcycle bearing Registration No. TN-20-M-2022, the lorry bearing Registration No. TAJ 5015 belonging to the first respondent and insured with the second respondent herein, was driven by its driver in a rash and regligent manner, attempted to overtake another vehicle and in that process it dashed against him. Due to the accident, he was thrown out of the vehicle and sustained multiple injuries all over his body, including fracture on his right leg below the knee and fracture on his right hand shoulder joint. Besides injuries to his person, the motor vehicle belonged to the claimant in MCOP No. 454 of 2003 was also damaged heavily. After the accident, the claimant was hospitalized in Vellore Christian Medical College and taken treatment. Therefore, for the injuries sustained, he had filed the claim petition before the court below.
(3.) THE learned counsel for the claimant contended that at the time of accident, the claimant was aged 20 and he was a student studying B.E., at VIT college. THErefore, for the loss of earning power, the claimant claimed Rs. 80,000/- and Rs. 60,000/- towards permanent disability. THE claimant also sought for Rs. 20,000/- for the pain and suffering which he suffered due to the accident. THE Doctor who examined the claimant has assessed the disability at 60% under Ex.C3. Further, because of the accident, the claimant could not ride bicycle or take part in any extra curricular activities or sports. But the Court below, with regard to the age and nature of sports. But the Court below, with regard to the age and nature of injuries or the disability assessed by the Doctor has only granted a sum of Rs. 95,000/- which is meager and liable to be interfered with by this Court.