AMEEN SHERIFF ALIAS NOOR BASHA Vs. M RAMACHANDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 27.2.2008 made in MCOP.No.2758/2004 by the learned II Judge, Small Causes Court (MACT) Chennai.

(2.) The undisputed facts are that the claimant/appellant herein was travelling as a passenger from Devakottai to Chennai in the bus bearing Reg.No.TMN-3936, which dashed against the lorry which came in the opposite direction, as a result of which, the claimant and other passengers travelled in the bus sustained grievous injuries. According to the claimant, the accident had occurred only due to the rash and negligent driving of the offending lorry. The Tribunal found that the driver of the offending lorry was negligent in causing the accident and awarded a compensation of Rs.7,42,610/- to the claimant. The claimant being not satisfied with the compensation has filed this appeal for enhancement of the same.

(3.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly, all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings, though recorded in favour of the claimant, are under challenge at the instance of any of the Respondents. In this view of the matter, there is no justification to burden the judgement by detailing facts on all these issues. Hence, the finding of the Tribunal with regard to the negligence aspect fixing the same on the part of the driver of the offending vehicle is liable to be confirmed and accordingly, it is confirmed.