PONNUSAMY Vs. V. ALAMELU

JUDGEMENT

(1.) Questioning the quantum of Compensation awarded by the Tribunal, the present Appeal has been preferred by the Appellant/Claimant.

(2.) On 8/11/2015, at about 12.30 p.m., when the Claimant was riding a Two-wheeler, bearing Regn. No.TN-27-H-2266, at Kanavaikadu Mudiyanoor Road, Veppilaipattay Post, Salem District, the Rider of the Two-wheeler, bearing Regn. No.TN-77-Y-1971, belonging to the First Respondent came from the opposite direction in a rash and negligent manner, and dashed against the Claimant's Two-wheeler, and caused the accident. In the said accident, the Claimant sustained serious injuries on the right leg and injuries all over the body. Hence, the Claimant filed a Claim Petition seeking a sum of Rs.50,00,000.00 as Compensation.

(3.) The Tribunal, on consideration of Oral and Documentary evidence held that the accident occurred due to rash and negligence on the part of the Rider of the Two-wheeler, bearing Regn.No.TN-77-Y-1971 and hence, directed the Second Respondent/Assurance Company to pay a Compensation of Rs.4,71,074.00 to the Claimant together with Interest at the rate of 7.5% p.a. from the date of filing of the Petition and till the date of realization and to recover the same from the First Respondent, Owner of the offending Vehicle. The break up details of the Award passed by the Tribunal under various heads are as follows: <IMG>JUDGEMENT_66_LAWS(MAD)2_2024_1.JPG</IMG>