PRABHAKARAN Vs. R. SUBRAMANIYAN

JUDGEMENT

(1.) This appeal is filed by the accident victim seeking enhancement of compensation.

(2.) As per the First Information Report given by the appellant to the D-6, Maraimalainagar Police, On 08/12/2002 the appellant as cleaner of the lorry bearing registration No.TNI 1339 while proceeding towards Pattukottai at about 4.30 a.m., opposite to SRM College, Potheri, the lorry broke-down. The driver of the lorry Sankar went under the lorry and attending to repair. At that time, the driver of the lorry bearing registration No.TN 27 Z 8789 without noticing the stationed vehicle dashed behind on the left side. The driver Sankar got crashed and died. The appellant, who was standing nearby, sustained injuries.

(3.) The appellant was admitted in the Chengalpet Medical College Hospital on 08/12/2002 and discharged on 10/12/2002 after treatment for his injuries. He was advised absolute bed rest at home and to attend Ortho OP. Seeking compensation of Rs.4,00,000/-, claim petition was preferred before the Motor Accident Claims Tribunal, Chennai by the appellant against the owner of the offending vehicle and its insurer. The owner of the vehicle remained exparte.