RAJASEKAR Vs. R KUMAR

JUDGEMENT

(1.) This appeal is preferred as against the award and decree dated 26.3.2004 in MCOP No.335 of 2002 on the file of the I Additional District Court, Motor Accident Claims Tribunal, Erode.

(2.) The petitioner/claimant in the above said OP is the appellant herein. He has filed this appeal for enhancement of compensation amount awarded by the Tribunal.

(3.) The appellant/petitioner has filed the claim petition for compensation of Rs.5,00,000/- for the injuries sustained by him in the motor accident occurred on 289.2001. Briefly, the case of the petitioner is that on 28.9.2001 at 2.00 A.M., the petitioner was driving the bus bearing Registration No.TN 33 N 1433 via Madurai to Dindigul Road near Pandiarajapuram in front of Tafe Tractor Company and at that time, a lorry bearing Registration No.KA 01 A 1587 belonging to the second respondent, was driven by its driver, namely the first respondent, and was coming from the opposite direction in a rash and negligent manner and hit against the bus and in the above said accident, the petitioner sustained grievous injuries and was admitted in the Government Hospital, Madurai and then at LKM Hospital, Erode and till the date of filing the claim petition, he was taking treatment and in spite of it, he sustained permanent disability and at the time of accident, the petitioner was 32 years and was working as a Driver in TNSTC and earned Rs.8,000/- per month and the first respondent is the driver of the above said lorry and the second respondent is the owner of the lorry and the third respondent is the insurer of the above said lorry and the accident had occurred due to the rash and negligent driving of the first respondent and they are liable to pay compensation.