VIGNESHWARAN Vs. MANIKANDAN

JUDGEMENT

(1.) The claimant has filed this appeal, aggrieved over the inadequate Award of Rs.78,000.00 made in M.C.O.P. No.224/2022 on the file of Motor Accidents Claims Tribunal (Special Sub-Court No.II), Salem, for the injuries sustained by the appellant/claimant.

(2.) The facts of the case are that on 6/11/2021, at about 6.15 p.m., the claimant was travelling as a pillion rider in a Motor Cycle bearing Registration No. TN 60 BZ 2944 at Devadanapatti-Periakulam Main Road and while nearing Devangar Polytechnic, the rider of the motorcycle rode the vehicle in a rash and negligent manner with great speed and dashed against a motorcycle bearing Registration No.KL 69 C 4506 and caused the accident. In the said accident the claimant/appellant suffered grievous injuries and was immediately taken to the hospital for treatment. At the time of accident, the claimant/appellant was 25 years old and was working in a private company as a field officer earning a sum of Rs.19,000.00 per month. Hence, he was constrained to file a claim petition claiming a sum of Rs.15,00,000.00 as compensation for the injuries sustained by him.

(3.) Before the Tribunal, in the counter filed by the 3rd respondent/Insurance Company, it was pleaded that the claimant has violated the Rule, i,e., three persons travelled in the motorcycle and therefore, the Insurance Company is not liable to compensate the claimant.