S. SURENDRAKUMAR Vs. M. KANNAN

JUDGEMENT

(1.) The instant appeal is filed by the appellant, who is the claimant in MCOP No.490 of 2019, seeking enhancement of compensation awarded by the Tribunal.

(2.) According to the claimant, on 3/9/2019 at about 23.30 hours, he was standing on the road side of Poonamallee Mount Trunk Road, in front of Poonamallee Government Hospital. At that time, the Tata Zest Car bearing Registration No. TN-63-BD 9655, driven from West to East direction in a rash and negligent manner, hit the claimant. In the impact, the claimant sustained a Left Radius Fracture and multiple injuries all over the body. Claiming a sum of Rs.2,00,000.00 as compensation for the injuries sustained, he filed a claim petition in MCOP No.490 of 2019 before the Tribunal.

(3.) On notice, the second respondent/Insurance Company filed a counter statement contending inter alia that the claimant is bound to prove the age, income and other particulars stated in the claim petition. It was further contended that the driver of the first respondent's Car did not drive the vehicle in a rash and negligent manner, as has been portrayed in the claim petition. On the above grounds, the second respondent prayed for dismissal of the claim petition.