R RAJA Vs. T GOVINDAN

JUDGEMENT

(1.) The appeal is by the claimant for enhancement of compensation.

(2.) On 30/08/2006, at about 4.15 p.m, when the claimant was proceeding from South to North along the East Coast Road, near Thanthoniamman Koil Junction in his Hero Honda motor cycle bearing registration No. TN 07 AD 5802, a Toyata car bearing registration No. TN 02 U 6627 coming from North to South on the opposite direction, hit the motorcycle. The claimant was admitted in the Government Hospital, Chennai as inpatient and got treated for the fracture of right medial malleoles and dislocation of right talus from 30/08/2006 to 11/09/2006. He again got admitted at P.M.Hospital on 13/09/2006 and discharged on 18/09/2006. Then he was treated for treatment of unstable right ankle joint at V.H.S.Hospital between 08/01/2007 and 06/02/2007. At the time of accident, the claimant was earning Rs.7,500 per month as concrete jelly machine operator. Due to the fracture of right knee. he is not able to walk, climb stairs and ride motor cycle. Hence, claim petition for Rs.4,00,000/- laid against the Toyota car owner and its insurer.

(3.) The insurance company filed counter stating that the accident occurred only due to the negligence of the claimant. Unmainful of the flow of traffic along ECR Road, without following the traffic rules, he tried to cross the road rash and negligently and hit the Toyata car. The Toyota car was not duly insured under them. The cheque given for the payment of the premium bounced and after intimation to the insured, the insurance coverage to the Toyota car was cancelled. Therefore, the guilty of contributory negligence and liability has to be fixed only on the owner of the motor cycle. The claim of Rs.4,00,000/- as compensation is excessive and speculative.