RAMACHANDRAN Vs. FAMITHA

JUDGEMENT

(1.) This appeal is filed by the claimant as against the Award dtd. 15/7/2020 made in M.C.O.P.No.413 of 2017 on the file of the Motor Accidents Claims Tribunal (Special Sub-Court No.1), Salem, for enhancement of the compensation amount.

(2.) It is the case of the claimant that on 21/4/2016 at about 6.30 a.m, when the claimant was riding his two-wheeler bearing Registration No.TN-29-K-8109 on Dharmapuri-Salem Road, a lorry bearing Registration No.TN-29-AK-4444, owned by the first respondent and insured with the second respondent-Insurance Company, came in a rash and negligent manner from behind and hit the claimant's two-wheeler, as a result of which, the claimant fell down and sustained grievous injuries all over the body. He was taken to hospital and his right leg below the knee was amputated. The Doctor had assessed the disability suffered by the victim at 80%. Hence, the claimant/injured filed claim petition before the Tribunal claiming compensation of Rs.75,00,000.00.

(3.) The said claim petition was resisted by the second respondent-Insurance Company by filing counter statement before the Tribunal denying the manner in which the accident was projected by the appellant/claimant. It is the specific case of the second respondent/Insurance Company that the claimant came in a rash and negligent manner and caused the accident by hitting on the rear side of the lorry. In fact, the First Information Report (FIR) was registered only against the claimant based on the statement of the driver of the lorry. The Insurance Company also denied the age, income of the claimant, his avocation, etc. Thus, the Insurance Company prayed for dismissal of the Claim Petition.