M. SURESH Vs. R. NAGARATHINAM

JUDGEMENT

(1.) THIS appeal has been filed, against the award of Rs.1,76,000/ - for the injuries sustained by the appellant in the accident occurred on 03.10.2008, when the claimant was riding his motor cycle, which was hit by Tipper lorry driven by the first respondent, insured with the second respondent, rashly and negligently causing the accident. Therefore, the claim petition.

(2.) ON enquiry, the Tribunal found that both the appellant as well as the driver of the Tipper lorry were responsible for the accident and fixed 10% contributory negligence on the part of the appellant, as he was under the influence of alcohol and was not possessing driving licence at the time of accident and awarded a sum of Rs.1,76,000/ -. Not satisfying with the quantum alone, the claimant is before this court.

(3.) A perusal of the records would make it very clear that both the appellant as well as the driver of the Tipper lorry were responsible for the accident. This Court also takes note of the finding recorded by the Tribunal that the appellant was under the influence of alcohol and he did not have driving licence at the time of accident and therefore, the tribunal rightly fixed the contributory negligence at 10% on the part of the appellant.