R. JAYAKUMAR Vs. SURYA TRAVELS

JUDGEMENT

(1.) This is a claimant appeal under the Motor Vehicles Act, 1988 for enhancement of compensation.

(2.) The claimant while riding his motorcycle along with one Elumalai as pillion and proceeding from Tirukazhukundram to Echur on the Mahabalipuram Road, near Echur Forest, the car bearing registration No. TN 01 AC 0056 proceeding towards Thirukazhukundram driven rash and negligently, dashed against the claimant causing him severe injuries on his head and leg. The pillion rider Elumalai died. The claimant was taken to the Govt. General Hospital, Chennai and treated as inpatient for 25 days. He took the follow up treatment at SRM Hospital. For his left leg fracture plates and screw were fixed and later removed. Due to the injuries he is unable to carry on his normal work. His earning capacity as agriculturist and sculptor has reduced. He has to depend on others even for basic needs. Hence, sought for six lakhs compensation against the owner of the offending car and its insurer.

(3.) The claim was resisted by the insurance company on the ground that the claimant sustained only bruise, the claimant had no valid driving license. He has no proof for his income. Therefore, the claim is excessive.