K.SEKAR Vs. D.VENKATESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the award and decree dtd. 23/11/2010 made in M.C.O.P.No.4007 of 2007 on the file of Additional District Judge, Accident's Claim Tribunal/I Fast Track Court, Chennai.

(2.) The brief fats of the case are as follows: On 20/3/2007 at about 2.30 hrs, when the appellant was sleeping near the road side platform at Mecnical Road near Raghul Foundation, Kilpauk, Chennai, the first respondent's lorry bearing Registration No.TN-20-AA4559 was driven in reverse in a rash and negligent manner without looking the appellant and ran over his leg and caused grievous injuries to the appellant. Stating that the accident had occurred, due to the rash and negligent driving of the driver of the lorry, the appellant filed a claim petition before the Tribunal for a compensation of sum of Rs.2,00,000.00 towards loss of expenses Part I & II. On consideration of the materials and evidence available on record, the Tribunal has awarded a compensation of Rs.11,000.00. Aggrieved by this order, the appellant has come forward with this present appeal.

(3.) Learned counsel for the appellant submitted that the appellant is a lorry driver, aged about 26 and earning a sum of Rs.250.00 per day. Due to the accident caused by the rash and negligent driving by the driver of the first respondent's lorry, the appellant sustained fracture on his right leg. For the said accident, a case was also registered in Crime No.198 of 2007 on the file of G3 Police Station, Kilpauk, Chennai - 600 010 and the copy of the same was marked as Ex.P.1