RAMARAJAN Vs. S.VIVEKANANTHAN

JUDGEMENT

(1.) Feeling aggrieved by the 'Award dated January 20, 2023 passed in M.C.O.P.No.1184 of 2017' [henceforth 'impugned Award' for clarity and convenience] by the 'Motor Accidents Claims Tribunal (Special Sub Court No.1, Motor Accidents Claims Petitions) Small Causes Court, Chennai' [henceforth 'Tribunal' for brevity], the appellant / petitioner has preferred this Civil Miscellaneous Appeal seeking enhancement of compensation.

(2.) For the sake of convenience, henceforth, the parties will be referred to as per their array in the Original Petition.

(3.) On the fateful day viz., November 29, 2016, at about 09.00 hours, when the petitioner was proceeding in North to South direction opposite to K.G.Signature Club, Service Road, Nolambur, Chennai - 600017 in a motorcycle bearing Registration No.TN-13-E-8323 while wearing helmet, a car bearing Registration No.TN-18-E-0018 proceeding in South to North (opposite direction) zigzaggedly at over speed without observing traffic rules in a rash and negligent manner, dashed against the petitioner's motorcycle, due to which, the petitioner was knocked off the motorcycle and consequently, suffered spinal cord fracture, head injury and multiple grievous injuries all over his body. Then, petitioner was rushed to Sundaram Medical Foundation, Shanthi Colony, Anna Nagar, Chennai and thereafter, also obtained treatment from other private hospitals at Chennai. The driver of the car bearing Registration No.TN-18- E-0018 alone is responsible for the accident. The first respondent is the owner of the Car and the second respondent is its insurer. Therefore, the petitioner filed Original Petition claiming compensation of Rs.3,50,00,000.00 from the respondents.