LAWS(MAD)-2004-11-53

RAMAKRISHNAN Vs. K SHANKAR

Decided On November 29, 2004
RAMAKRISHNAN Appellant
V/S
K.SHANKAR Respondents

JUDGEMENT

(1.) CLAIMANT in M. C. O. P. No. 175 of 1995 on the file of Motor Accident Claims Tribunal, Villupuram is the appellant. In respect of grievous injuries sustained in the road accident that took place on 21. 5. 1990, the Claimant prayed for a compensation of Rs. 4,72,000/ -.

(2.) BEFORE the Tribunal, the injured Claimant himself was examined as PW-1 and four more witnesses have been examined as Pws. 2 to 5, besides marking voluminous documents Exs. P-1 to P-129. On the side of the owner of the vehicle and Insurance Company, no oral and documentary evidence was let in. The Tribunal, after holding that the accident was caused due to the negligence of the driver of the car, passed the award for Rs. 2,01,600/- with interest at 12% per annum from the date of petition till the date of deposit. Regarding the disallowed claim, the Claimant has preferred this appeal and restricted his claim to the extent of Rs. 87,000/ -.

(3.) THE respondents viz. , owner and the Insurer, though duly served notice from this Court, have not chosen to contest the appeal by engaging counsel. Heard the learned counsel appearing for the appellant. The learned counsel for the appellant fairly states that though in the grounds of memorandum of appeal challenge has been made with reference to the disallowed portion in all other heads, at the time of arguments, confined that the appeal is only with regard to the disallowed portion relating to 'transport Charges'.