LAWS(MAD)-2020-8-236

E ANANDHAN @ ANAND Vs. G. KANNAIYAN

Decided On August 19, 2020
E Anandhan @ Anand Appellant
V/S
G. Kannaiyan Respondents

JUDGEMENT

(1.) This is an appeal filed by the claimant. Aggrieved by the quantum of compensation awarded for the injuries sustained in the motor accident, the claimant has preferred this appeal for enhancement of compensation.

(2.) On 11/01/2008 near Pozichalur Junction, Pammal Main Road, Chennai, while the claimant walking on the pedestrian was hit by a tipper lorry causing grievous injury to him. He preferred the claim petition seeking Rs.6,50,000 as compensation for the fracture he sustained in his right femur and other injuries. The compensation was sought against the owner of the tipper lorry and the Insurance Company under which the lorry was insured.

(3.) The Insurance Company contested the claim on the ground that the claim is very excessive. It was the negligence of the claimant which caused the accident. The petitioner was guilty of contributory negligence by not following the traffic rules.