P MEGARAJ Vs. K ANANDAN AND ORS

JUDGEMENT

(1.) The claimant is the appellant. The claimant is aggrieved by the Judgment and Decree dated 15.06.2006 passed in M.C.O.P. No. 1125 of 2002 on the file of the Motor Accidents Claims Tribunal, II Judge, Small Causes Court, Chennai, awarding a sum of Rs.83,880/- as compensation as against the claim of Rs.6,00,000/- made for the injuries sustained by him in the accident that took place on 03.09.2001.

(2.) According to the claimant, on 03.09.2001 at about 07.05 hours when he was travelling as a pillion rider in a motor cycle bearing Registration No. TN-04-D-5487 from Poonamallee to Parrys, the driver of the tanker lorry bearing Registration No. TN 45 Y 3717 driven the vehicle in a rash and negligent manner and hit against the motor cycle from behind. In the impact, the claimant sustained grievous injuries such as open book type pelvic injury in left wrist, fractural transverse process levertebra left, deep cut injury on right leg, pelvic region and other multiple injuries all over the body. Immediately after the accident, the claimant was admitted in Kilpauk Medical College Hospital, Chennai and subsequently he was admitted in M.N. Orthopaedic Hospital, Kilpauk, Chennai. At the time of accident, the claimant was aged 29 years, a tomato vendor and earning Rs.250/- per day. Therefore, for the injuries sustained in the accident, he claimed a sum of Rs.6,00,000/- as compensation.

(3.) The insurance company resisted the claim petition by filing a counter before the court below. It was contended on behalf of the insurance company that the injuries sustained by the claimant are minor in nature and it does not warrant a huge compensation, as claimed in the claim petition.