LAWS(MAD)-2024-6-48

SANKAR Vs. VASUDEVAN

Decided On June 19, 2024
SANKAR Appellant
V/S
VASUDEVAN Respondents

JUDGEMENT

(1.) The Claimant not being satisfied with the quantum of Compensation awarded by the Tribunal in M.C.O.P. No.345 of 2018, dtd. 10/9/2020 has filed this Appeal seeking for enhancement of Compensation.

(2.) The case of the Claimant is that on 24/9/2017, he was travelling in a Two-wheeler as a Pillion Rider at Venkatasamuthram-Vaniyaru Road and the Two-wheeler was driven by the 4th Respondent. At about 5.30 p.m., when the Two-wheeler reached the place of occurrence, the offending vehicle, which was a Car was driven in a rash and negligent manner and it hit the Two-wheeler. As a result of which, the Claimant was thrown out of the Two-wheeler and he sustained Crush injury over the right leg below the knee joint. The Claimant underwent treatment and a procedure was done thereby, the right above knee amputation was done. The disability was assessed by the Doctor at 80%. It is under these circumstances, the Claim Petition came to be filed before the Tribunal 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 there was negligence both on the part of the offending vehicle as well as the Two-wheeler that was driven by the 4th Respondent. Accordingly, the Tribunal fixed 90% negligence on the offending vehicle and 10% on the Two-wheeler Rider. After having reached such a conclusion, the Tribunal proceeded to fix the Total Compensation at Rs.25,44,397.00 and after deducting 10%, the Tribunal directed the Insurance Company to pay a sum of Rs.22,89,957.00 with 7.5% interest.