B.THIRUMALAI Vs. ANANDHALAKSHMI

JUDGEMENT

(1.) The present appeal is preferred by the Claimant, assailing the judgment passed by the Motor Accident Claims Tribunal II Court of Small Causes Judge, Chennai in M.C.O.P.No.3735 of 2005 dtd. 18/12/2008.

(2.) The above said petition was filed by the Claimant under Sec. 166 of the Motor Vehicles Act, Rule 3 of Motor Accident Claims Tribunal (MACT Rules) claiming compensation of Rs.4,00,000.00 came to be partly allowed by the Tribunal holding that the Claimant is entitled for compensation of Rs.89,170.00 at interest of 9.5 per cent per annum from the date of petition that is 9/6/2005 till its realization. Owner of the erred vehicle and the National Insurance Co. Ltd. were held jointly and severally liable to pay the amount of compensation to the claimant herein.

(3.) Claim petition was filed by the claimant on account of an accident that had taken place on 21/5/2005 when he was traveling as a pillion rider in a motor cycle bearing registration No.TN25W8574 from Satya Moorthy National to Manali along the Manali express road, opposite to Atlas Petorl Pump in Sathangadu Police Station Limit, Chennai. A Lorry bearing registration No.TN27Y4586 came in a dangerous speed and driven in a rash and negligent manner, dashed against the petitioner. Eventually the appellant sustained following grievous injuries.