M RAMAN Vs. INDEV TRANS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 7.6.2001 passed by a learned Judge of this Court in C.M.A.No.596 of 2001 confirming the award of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court, Chennai) made in M.C.O.P.No.1875 of 1998 dated 28.11.2000.

(2.) The appellant preferred a claim petition before the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Claims Tribunal') claiming compensation of a sum of Rs.2 lakhs, and the Claims Tribunal awarded a sum of Rs.95,178.47 and the award of the Claims Tribunal was confirmed by the learned Judge of this Court. The brief facts are that the appellant was going in a scooter on 6.2.1998 with his wife on the Ennore Express Road, Chennai in north-south direction at about 5.15 p.m. The lorry belonging to the first respondent came from behind and hit against the appellant causing grievous injuries. The Claims Tribunal found that the accident had occurred due to the rash and negligent driving of the lorry driver and the finding was confirmed by the learned Judge of this Court. We confirm the finding of the learned Judge as we find that the finding is based on evidence and there are no reasons to take a different view on the finding of rash and negligence in driving of the vehicle by the lorry driver.

(3.) The appellant has claimed compensation under several heads totalling a sum of Rs.2 lakhs. As far as compensation arising on account of permanent disability is concerned, the Claims Tribunal has found, on the basis of evidence, that the claimant had suffered 45% of disability on account of the accident and fixed the compensation at Rs.45,000/-. We find that the amount of Rs.45,000/- is quite reasonable.