R. ANNAMALAI Vs. B. SEKAR, CHENNAI

JUDGEMENT

(1.) The appeal is filed by the motor accident victim for enhancement of compensation.

(2.) On 16.01.2012 at about 16.15 hours while appellant/claimant was walking along the southern side of Sardar Patel Road, Adyar, the rider of the motor cycle bearing registration No.TN-06-C-3700 dashed against the claimant/appellant causing grievous injury. The claimant was admitted at Fortis Malar Hosiptal and was treated as out-patient for the injury sustained. Alleging that the injury has caused him permanent disability and loss of earning capacity, assessing the loss at Rs.9,85,000/-. Claim petition filed restricting to Rs.5,00,000/- against the owner of the two wheeler and his insurer. The owner remain exparte.

(3.) The Insurance Company filed counter stating that they have not received any intimation about the accident involving the vehicle insured under them. Hence, the claimant has to prove the accident and involvement of the vehicle bearing registration No.TN-06-C-3700. The accident occurred while the claimant and his cousin negligently tried to cross the road, risking their life without considering the traffic flow. Having contributed to the accident by their recklessness, the claimant is not entitled for compensation as claimed. The Tribunal, in his common order, considering the evidence of the claimant and the Doctor who has issued disability certificate, awarded a sum of Rs.83,252/- with 7.5% interest from the date of filing the claim petition (01.02.2013) till the date of realization.