K.PERIYASAMY Vs. M.MADESWARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant against the award dtd. 17/9/2009 made in M.C.O.P.No.233 of 2006 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.I, Salem, seeking enhancement of compensation.

(2.) According to the appellant/claimant that on 8/12/2005 at about 10.00 hours, he was travelling, as a pillion rider in Bajaj M80 two wheeler bearing Registration No.TN-30-A-3859, which was ridden by one Rajasekar, on Salem-Ellam Pllai Main Road. When they were nearing Pathampatty Thirumurthy House, a motorcycle bearing Registration No.TN29-Q-6158 'Yamaha Crux', which was owned by the first respondent and insured with the second respondent, came in a rash and negligent manner and hit their vehicle. Due to the impact, he along with rider of his two wheeler were thrown away from the bike and they sustained grievous injuries. Subsequently, the claimant took treatment as inpatient over a month wherein his right leg got amputated and thereafter, he took continuous treatment as out-patient at various Hospitals.

(3.) It is his further case that at the time of the accident, he was a power-loom weaver and earning Rs.5,000.00 per month. Due to the accident, he was not able to continue his work. Hence, he made a claim of Rs.10,00,000.00 as compensation.