R ABDUL JABBER Vs. D JAYAGANTHAN

JUDGEMENT

(1.) Dissatisfied with the judgment and decree, dated 19.9.2008, passed by the Motor Accident Claims Tribunal awarding compensation of Rs.1,16,000/- 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 on 24.10.2003 at about 2.05 p.m., the claimant/appellant herein met with an accident when he was travelling as a passenger in the share auto bearing registration No.TN-05-E 6598 on Thiruvalluvar Salai and L.B. Road junction, Chennai proceeding from east to north, the driver of the above share auto drove the vehicle in a rash and negligent manner and at that time, an unknown motorcycle came across the same junction and just to avoid a mishap with the said motorcycle, the share auto drive applied sudden brake, as a result, the share auto was overturned and the appellant sustained grievous injuries. He took treatment at Govt. Royapettah hospital, Chennai. The appellant claimed a total compensation of Rs.2,50,000/- from the respondents.

(3.) The Tribunal, based on the oral and documentary evidence Exs.P1 to P.10, has awarded a sum of Rs.1,16,000/- as total compensation payable by the second respondent/Insurance Company to the claimant/appellant under the following heads: