C.SETHAMIL SELVAN Vs. S.RAMALINGAM

JUDGEMENT

(1.) The appellant/petitioner not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.6270 of 2017, dtd. 4/11/2022 has preferred this appeal seeking for enhancement of compensation.

(2.) The case of appellant/petitioner is that on 19/9/2017 at about 22.15 hrs., when the petitioner was travelling as a passenger in a bus bearing Regn. No. TN-23 N-2056 from Vandalur towards Vanamdevi Velloure to Kumbakonam Main road, near Pennalure petrol bunk, at that time, the 1st respondent vehicle bearing Regn. No. TN-60-E-8381, which came from the opposite direction in a rash and negligent manner, dashed against the petitioner travelling passenger bus and caused an accident. Due to which, the petitioner sustained multiple and grievous 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.30,00,000.00.

(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 driver of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.2,13,000.00 under various heads as follows: