(1.) The Claimant not being satisfied with the quantum of Compensation awarded by the Tribunal in MCOP No.29 of 2019, dtd. 12/2/2021, has filed this Appeal seeking for enhancement of Compensation.
(2.) The case of the Claimant is that on 6/12/2016, the Claimant was riding a Two-wheeler in Parukkal to Tha. Keezhaveli Main Road and at about 9.30 a.m, when the vehicle came near the lands belonging to the Vaidyanathan Vathiyar, the offending vehicle which was coming in the opposite direction was driven in a rash and negligent manner and had dashed the Two-wheeler that was driven by the Claimant and as a result, the Claimant was thrown out of the vehicle and he sustained grievous injuries. In this accident, the Claimant also lost his vision in the left eye. He was treated as an Inpatient for nearly sixteen days. The disability faced by the Claimant was also assessed by the Medical Board as 40% under Ex.C1. It is under these circumstances, the Claimant filed the Claim Petition before the Tribunal seeking for payment of Compensation.
(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of the Oral and Documentary evidence, came to a conclusion that the offending vehicle was driven in a rash and negligent manner by the 1st Respondent and as a result, the accident had taken place. The Tribunal attributed 15% Contributory Negligence on the Appellant on the ground that he was not wearing a Helmet and therefore, 85% negligence was put against the Respondent. Having rendered such a finding, the Tribunal proceeded to fix the Compensation and the Total Compensation was fixed at Rs.3,42,656.00 in the following manner: