MOHAN Vs. SIVAKUMAR

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellant/claimant for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Special Sub Judge-I, Salem., in M.C.O.P. No. 1864 of 2018 dated 02.12.2019.

(2.) As per the averments in the claim petition filed before the Tribunal,on 04.04.2018 at about 11.50 p.m., while the petitioner was riding a motor cycle bearing registration number TN 28 AY 4116 on the side of the Kodumudi to Muthur Road, near Ichipalayam, a tractor bearing registration number TN 33 BA 5745 was driven by its driver in a rash and negligent manner and dashed against the petitioner. Due to the said accident, the petitioner sustained multiple fractures all over the body. Immediately after the accident the petitioner was taken to Government Hospital, Kodumudi and then he was taken to Government Hospital Erode. From there he was shifted to KMCH Speciality Hospital, Erode. A criminal case has been registered against the said driver of the tractor by the Kodumudi Police Station in Crime No.59 of 2018. Hence the petitioner claimed a sum of Rs.50,00,000/- towards compensation for the injuries sustained by him in the accident.

(3.) Before the Tribunal, the 2nd respondent/insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company also pleaded contributory negligence on the part of the petitioner. It is also stated that the petitioner was not wearing helmet at the time of accident. It is further stated that though the accident was on 04.08.2018 reporting of the accident and registration of FIR was on 05.04.2008 and there is no explanation for the delay by the petitioner. The Insurance Company prayed for dismissal of the petition.