RAMESH Vs. SELVAKUMAR

JUDGEMENT

(1.) The claimant not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal/Subordinate Judge's Court, Perambalur, in M.C.O.P.No.139 of 2017, dtd. 23/6/2022, has filed this appeal seeking for enhancement of compensation.

(2.) The case of the claimant is that he was riding his two wheeler at Esanai to Anukoor Road from East to West on 13/11/2016 and at about 4.30 pm, the offending vehicle which is the lorry which was going in front of the two wheeler was all of a sudden stopped by applying break and as a result, the two wheeler driven by the claimant hit the rear side of the lorry. As a result of this accident, the claimant sustained multiple injuries. An FIR came to be registered in Crime No.1052 of 2016, against the driver of the 1st respondent lorry. It is under these circumstances, the claimant filed the claim petition seeking for payment of compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident took place only due to the rash and negligent driving on the part of the driver of the 1st respondent's offending lorry. After having come to such a conclusion, the Tribunal attributed 50% contributory negligence against the claimant on the ground that he should have maintained safe distance from the lorry and that apart, he also smelt alcohol in his breath when he was treated by the doctor who was examined as RW.2.