S N SHANMUGHAM Vs. SHANKARLAL JAIN

JUDGEMENT

(1.) The claimant in MACT. O.P. No. 251 of 1996 on the file of Motor Accidents Claims Tribunal, Panrutti is the appellant in the above appeal.

(2.) In respect of grievous injuries caused to him in a motor vehicle accident which occurred on 26-1-1995, he prayed for a compensation of Rs. 2 lakhs. Before the Tribunal, the claimant himself was examined as P.W. 1 and Dr. Nandakumar as P.W. 2. He also marked Exs. P-1 to P-12 in support of his claim for compensation. On the side of the respondents, first respondent-Sankarlal Jain was examined as R.W. 1 and marked Exs. R-1 to R-3 in support of their defence. The Tribunal, after holding that the accident was caused due to the negligence of the rider of the motor cycle, TN-31 A 0397, passed an award for Rs. 42,000/- with interest at the rate of 9% per annum from the date of petition till the date of deposit and directed the second respondent therein - R. Sundaramoorthy, to pay the said amount. The Tribunal, has dismissed the claim against the first respondent. Questioning the said award, particularly dismissing the claim against the first respondent, the claimant/appellant has filed the above appeal.

(3.) Heard the learned counsel for the appellant as well as respondents.