S. RAJU ALIAS RAJI Vs. S. THANAVANTHA PERUMAL

JUDGEMENT

(1.) APPEAL filed by the Claimant, aggrieved over the inadequacy of the compensation as well as the fixing of the liability, on the part of the owner of the vehicle while exonerating the Insurance Company from the payment of compensation.

(2.) THE Claimant Raju @ Raji aged 31 Years, mechanic and driver, earning a sum of Rs.10,000/ - per month, met with an accident on 17.10.2009. On that unfortunate date, the Petitioner was proceeding in his Motorcycle bearing Registration No.TN -69 -F -2516 on the Tuticorin Melavittan Road Keeping the left side of the road. At that point of time, the First Respondent 's Motorcycle bearing Registration TN -72 -H -8266 driven in a rash and negligent manner came in the opposite direction and dashed against the Petitioner. The Petitioned suffered injuries over the right leg, hip, head and other parts of the body. The injury over the right leg ultimately resulted in removal of leg below knee making the Petitioner to suffer the amputation. The injured claimed a sum of Rs.20,00,000/ - as compensation.

(3.) THE Tribunal, on consideration of oral and documentary evidence, directed the First Respondent/owner of the vehicle to pay the compensation. Finding that the driver had no driving licence on the date of the accident, the Tribunal exonerated the Insurance Company.