P.RAMASAMY Vs. K.MAYAVATHARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal No.2563 of 2014 has been filed to enhance the compensation amount awarded in the judgment and decree dtd. 10/4/2013 made in M.C.O.P.No.526 of 2012 on the file of Motor Accident Claims Tribunal/Special Sub Court, Coimbatore with interest and cost by allowing this Civil Miscellaneous Appeal.

(2.) The facts of the case in a nutshell: On 19/4/2012 at about 1.00 P.M., the appellant was waiting for the traffic green signal with his started motor cycle bearing Reg.No.TN-38- AM-8313 at the junction of Palaghat Main Road and Sungam Bye-Pass road near Ukkadam bus stop in order to go to east. After getting the signal, the appellant carefully moved with his motor cycle towards east, at that same time, a lorry bearing Reg.No.TN-39-BD-4748 driven by the first respondent in a rash and negligent manner without noticing appellant's motor cycle and hit behind the appellant. In the result, the appellant was thrown away on the road and sustained grievous injuries. The appellant is a free lance driver and aged about 67 years; earns a sum of Rs.15,000.00 per month. The appellant underwent amputation and become bedridden and cannot do his day today activities without the help of others. Hence, the appellant filed the claim petition claiming a compensation of a sum of Rs.10,00,000.00 before the Tribunal.

(3.) The learned counsel for the appellant submitted that the appellant was a driver and earning a sum of Rs.15,000.00 per month and to substantiate the same, his Salary Certificate was marked as Ex.P.9. In the said accident, the appellant has sustained grievous injuries. Due to the same, his right leg was amputated below the knee and X-ray certificate was marked as Ex.P.12, which shows the disability as 60%. Moreover, the appellant was hospitalized for 35 days and the certified xerox copy of the discharge summaries were marked as Ex.P.2 and Ex.P.3.