KATHIRVEL Vs. R RAJEE

JUDGEMENT

(1.) Dissatisfied with the judgment and decree, dated 3.10.2011, passed by the tribunal awarding compensation of Rs.29,400/- along with interest at the rate of 7.5% per annum, the claimant is before this Court for enhancement of compensation.

(2.) It is is the case of the claimant/appellant herein that the appellant met with an accident on 24.08.2005 at about 12.00 p.m., when the appellant was riding a motorcycle bearing registration No.TN-45 Q 3583 and one Selvam was on pillion, at Saradha College road near Santham complex, a motorcycle bearing registration No.TN-29 A 5211 driven by its driver in a rash and negligent manner proceeding towards Asthampatti, hit the appellant's motorcycle resulting in the appellant and the pillion rider sustained fracture and multiple injuries. On complaint, case in Cr.No.414 of 2005 for the offence under Sec.279 and 337 of I.P.C. has been registered by the Salem Traffic Police. The appellant filed a claim petitioner before the tribunal, claiming compensation of Rs.3,00,000/- for the injuries sustained by him.

(3.) The Tribunal, based on the oral and documentary evidence Exs.P1 to P.8, has fixed the contributory negligence of 60% on the part of driver of the motorcycle bearing registration No.TN-29 A 5211 and 40% on the part of the appellant and awarded total compensation of Rs.49,000/- under various heads. Out of Rs.49,000/-, the appellant is entitled for a sum of Rs.29,400/- since contributory negligence of 40% fixed on the part of the appellant.