PALANIKUMAR Vs. MANIKANDAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed challenging the fair and decretal order dated 15.07.2010 passed in MCOP.No.32 of 2009 by the Motor Accidents Claims Tribunal, Sub Court, Perundurai.

(2.) The case in brief are as follows: On 18.04.2007 at about 01.15 hours, the petitioner was riding Motor Cycle bearing Registration No.TN 63 W 5517 near Komarappa Higher Secondray School, Perundurai road. At that time, the driver of the lorry bearing Registration No. TN 30 P 2984 drove the same in a rash and negligent manner, dashed against the petitioner, as a result of which, he sustained grievous injuries. Immediately, the petitioner was taken to Government Hospital, Erode and thereafter he was admitted in CMC Hospital, Coimbatore for further treatment. The first respondent sold the vehicle to the second respondent, but the name was not transferred. The third respondent is the Insurer of the said vehicle. The first and second respondents remained exparte before the Tribunal.

(3.) The learned counsel for the appellant submitted that the Tribunal erred in fixing the liability partly on the claimant and awarding a sum of Rs.1,29,700/- as compensation without considering the age, occupation and the injuries sustained by the claimant in the accident. He further submitted that the Tribunal erred in concluding that the claimant was not having valid driving licence on the date of the accident, without considering the fact that the third respondent did not raise the said fact in their pleadings. Therefore, he submitted that the entire negligence ought to have been fixed on the driver of the lorry. He also prayed for enhancement of compensation.