KAMATCHI Vs. ARUNACHALAM PILLAI AND ORS.

JUDGEMENT

(1.) THE appellant is the claimant in M.C.O.P. No. 198 of 2010 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul. He claimed compensation for a sum of Rs. 3,00,000/ - for the injuries sustained by him in a road accident that happened on 27.08.2010 at about 6.00 a.m.

(2.) THE claimant is a milk vendor by profession. On the date of accident, he travelled in his TVS XL Super bearing Registration No. TN 57 F 0400 with 200 litres of milk in two cans in his pillion. While so, the lorry bearing Registration No. TN 28 Z 0699 belonging to the first respondent and insured with the second respondent insurance company dashed against the two wheeler, due to the rash and negligent driving of the lorry driver. The claimant was thrown out of vehicle and he sustained grievous injury with fracture on his right thigh and right knee and multiple injuries all over the body.

(3.) IN the M.C.O.P. Proceedings, besides examining himself, the claimant also examined the doctor, who issued disability certificate that the claimant suffered 48% disability. The Tribunal took it as 35% and awarded a sum of Rs. 94,000/ - as compensation under various heads as follows: