S.MAGESH Vs. V.LOKESH

JUDGEMENT

(1.) The appellant not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.442 of 2020, dtd. 28/11/2022 has preferred this appeal seeking for enhancement of compensation.

(2.) The case of the petitioner is that on 5/4/2019 when the petitioner proceeding in a two wheeler bearing Regn. No. TN-70 H-8832 from Enusonai village to Shoolagiri at 04.00 p.m. near Unichetti turning, a Tata India V2 car bearing Regn. No. TN-70-V-1309 driven by its driver in a rash and negligent manner, came in the opposite direction, dashed on the petitioner's two wheeler and caused an accident. Due to which, the petitioner sustained injuries, for which he underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.3,00,000.00.

(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 accident had taken place only due to the rash and negligent driving on the part of the rider of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.1,20,000.00 under various heads as follows: <IMG>JUDGEMENT_80_LAWS(MAD)8_2025_1.jpg</IMG>