A. SRIDHAR Vs. N. SANKAR

JUDGEMENT

(1.) Feeling aggrieved by the Award dated June 27, 2024 passed by the 'Motor Accidents Claims Tribunal / II Judge, Small Causes Court, Chennai' ['Tribunal' for short] in MCOP No.1420 of 2019, the petitioner therein has preferred CMA.No.2758 of 2024 seeking enhancement of compensation, while the second respondent therein / Insurance company has preferred CMA.No.9 of 2025 questioning the liability imposed on it as well as the quantum of compensation awarded.

(2.) For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Accident Claim Original Petition.

(3.) On February 15, 2019, at around 00:15 hours, the petitioner was travelling as a pillion rider on a motorcycle bearing Registration No. TN-14-H-8960, properly wearing a helmet. The motorcycle was proceeding from west to east and turned south near Mathiya Kailash Signal on Sardar Patel Road, Chennai. At that time, a van bearing Registration No.TN-32-S-4128 which was also proceeding in the same direction, was driven rashly and negligently at high speed, without following traffic rules, in a zigzag manner. The Van suddenly turned south and collided with the petitioner's motorcycle, causing the petitioner to be thrown off. As a result, the petitioner sustained fractures to the left hand, left leg, and left shoulder, along with multiple grievous injuries all over his body. Immediately, the petitioner was taken to Government Royapettah Hospital, Chennai and then he received treatment at some private hospitals in Chennai. According to the petitioner, the accident occurred due to the rash and negligent driving of the driver of the first respondent's van bearing Registration No. TN-32-S-4128. At the time of the accident, the petitioner was 22 years old and earning a monthly income of Rs.15,000.00. Due to the accident, the petitioner became completely disabled and was unable to perform work or daily chores as before. Therefore, the petitioner filed the original petition seeking compensation of Rs.1,00,00,000.00 (Rupees One Crore only) from the respondents.