(1.) This appeal filed by the claimant seeking enhanced compensation for the injury sustained in the road accident.
(2.) On 07.02.2007 at about 11.25 a.m., while the appellant was riding his motorcycle bearing Reg.No.TN-01-V-5109 at the Junction of Sathiyamoorthy Road and Kengu Reddy Road, a car bearing Reg.No.TN-01-AB-9285 dashed against the motorcycle. The claimant sustained fractured injury and was treated as out patient at Kilpauk Medical College Hospital and thereafter, took native treatment for the fractured bone. At the time of accident, the claimant was earning Rs.4500/- p.m., as a delivery and purchase boy at Net Avenue Technologies (P) Ltd., Chetpet. Seeking compensation of Rs.6,88,000/- claim petition was filed against the owner of the car and its insurer.
(3.) The insurance Company filed counter stating that the claim petition is bad for non-joinder of necessary party namely, the Insurance Company of the motor cycle which the claimant was riding. The accident occurred due to the contribution of the claimant who rash and negligently rode his two wheeler and colluded against the car. The claim of Rs.6,88,000/- is extremely high and exorbitant.