A ZAKIR HUSSAIN Vs. D SUDHAKAR

JUDGEMENT

(1.) Aggrieved by the judgment and decree, dated 7.10.2010, made in M.C.O.P.No.354 of 2006, by the Motor Accident Claims Tribunal awarding 50% of the compensation amount of Rs.55,185/- along with interest at the rate of 7.5% per annum, the claimant is before this Court challenging the contributory negligence fixed by the tribunal as well as for enhancement of compensation.

(2.) It is is the case of the claimant/appellant herein that on 28.10.2005 at about 1.10 p.m., the claimant/appellant herein met with an accident when he was riding a motorcycle bearing registration No.TN-01 V-3404 slowly and cautiously in Kamarajar Salai from Adyar towards Chintadripet, from South to North direction, a Tata Sumo Car bearing registration No.TN-22 AH-1332 came form the opposite direction in a rash and negligent manner and suddenly turned to its right when there is no signal to enter the walajah salai and hit against the appellant's motorcycle, thereby the appellant sustained grievous injuries. The first respondent as the owner and the second respondent as insurer are jointly and severally liable to pay compensation. The appellant claimed a total compensation of Rs.1,25,000/- from the respondents.

(3.) In the counter affidavit filed by the second respondent, it is stated that it is clearly mentioned in the Accident Register that ''Breath smell of alcohol while being brought to causality. As such, the appellant under the influence of alcohol, driven the vehicle in a rash and negligent manner. Therefore, the appellant is not entitled to get compensation from the Insurance company.