LEELA PRASAD Vs. M.GURU MURTHY

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellant/claimant for enhancement of compensation awarded by the Motor Accident Claims Tribunal II Court of small causes, Chennai, in M.C.O.P No.5519/2013 dtd. 7/6/2019.

(2.) As per the averments in the claim petition filed before the Tribunal, on 01/2/9/2012 at about 01.15 hrs while the claimant was proceeding in his motorcycle bearing registration number TN 07 BB 0892 on the Shollinganallur to Medavakkam Road, near the entrance of Mahindra Satyam Software Company Ltd, a TATA Indica car bearing registration number TN-22-CV-1416 came from the same direction in a rash and negligent manner and hit behind the motorcycle driven by the claimant. In the impact, the claimant sustained multiple grievous fracture injuries. Immediately, the claimant was admitted in SRM Hospital, Chennai where he underwent treatment as an in-patient from 2/9/2012 to 30/12/2012 initially and thereafter, again from 6/5/2013 to 8/5/2013. According to the claimant, he had incurred enormous expenses towards his hospitalisation. It is also stated that the claimant was employed as Compounding Specialist I in a company called Symrise Private Limited and earning Rs.1,56,221.00 per year. By reason of the injuries sustained in the accident, he had lost his employment and livelihood. Therefore, he filed the claim petition contending that the respondents therein namely owner of the Car as well as its insurer are liable to compensate him for the injuries sustained by him in the accident. He therefore filed the claim petition in M.C.O.P No.5519/2013 against the respondents claiming a sum of Rs.1,00,00,000.00 (Rs.1.00 crore) as compensation.

(3.) Before the Tribunal, the first respondent/owner of the car remained ex-parte. The claim petition was contested only by the Insurance Company namely the second respondent.