D. GUNASEKARAN Vs. MADHA ENGINEERING COLLEGE

JUDGEMENT

(1.) THE appellant has filed this civil miscellaneous appeal praying for enhanced compensation as against the award and decree dated 14.2.2006 made in MCOP.No.4071 of 2002 on the file of Motor Accidents Claims Tribunal (5th Small Causes Court) Chennai. The appellant/claimant has filed claim petition for compensation of Rs.5,00,000/ - for injuries sustained by him by contending that on 1.5.2002 at about 22.30 hours while he was riding his scooter bearing Registration No.22 O 9716 with pillion rider from Virugambakkam towards Alapakkam at Arcot Road, first respondent Mahindra Van bearing Registration No.TN -10 C 5944 driven by its driver in rash and negligent manner, came in the opposite direction and hit against the scooter of the petitioner and the petitioner and pillion rider fell down from the scooter and sustained multiple injuries all over the body and the accident occurred only due to the rash and negligent driving of the abovesaid van and the petitioner has taken treatment at Sri Ramachandra Medical College Hospital, Porur, Chennai as in -patient and the petitioner was aged about 38 years at the time of accident and was doing business and due to the accident, the petitioner was unable to work and therefore the first respondent who is the owner of the van and second respondent -insurance company as insurer of the abovesaid vehicle are liable to pay the compensation.

(2.) THE first respondent who is the owner of the vehicle remained exparte before the Tribunal and the insurance company -second respondent has contended that the petitioner should prove that the first respondent vehicle was insured with the second respondent and also the age, occupation, income, nature of injuries etc and also contended that the compensation claimed by the petitioner is highly exorbitant and excessive.

(3.) ON considering the abovesaid oral and documentary evidence adduced on the side of the petitioner, the Tribunal has held that the accident was occurred only due to the rash and negligent driving of the first respondent driver and the second respondent -insurance company is liable to pay compensation as insurer of first respondent vehicle and passed award on various heads as follows: -