ARPUTHA SELVAN Vs. K.JESUDOSS

JUDGEMENT

(1.) The claimant in MCOP No.4690 of 2016 on the file of the Motor Accident Claims Tribunal (II Spl. Sub-Judge, Small Causes Court), Chennai, has come up with this appeal seeking enhancement of compensation.

(2.) The appellant met with an accident on 21/6/2016 while he was riding a motorcycle bearing Reg.No.TN-09-BK-3458. According to him, a Tempo Van bearing Reg.No.TN-12-A-3846 came with a very dangerous speed and in a rash and negligent manner and hit against his motorcycle, thereby, he sustained injuries. Though the claim was resisted by the Insurance Company on the ground that the claimant himself is the Tortfeasor, the Tribunal having found that the driver of the Tempo Van caused the accident, awarded compensation of Rs.1,01,000.00 along with interest at the rate of 7.5% per annum. Being dissatisfied with the said sum, the claimant preferred this appeal.

(3.) The learned counsel appearing for the appellant/claimant Mr.R.Rajeshkumar Maurya has placed reliance on the decision of this Court made in CMA Nos.2560 to 2567 of 2015 dtd. 31/8/2018 (New India Assurance Co. Ltd., vs. Saraswathi and others) in support of his argument that the injured claimant is entitled for more compensation since his spleen has been removed.