N. GANESAN Vs. P. VIJAY

JUDGEMENT

(1.) The present civil Miscellaneous Appeal has been filed seeking to enhance the award dtd. 17/3/2023 made in the MACTOP.No.5758 of 2019 on the file of the Motor Accident Claims Tribunal-II Judge, Small Causes Court, Chennai.

(2.) The facts leading to the present lis are that the claimant/petitioner, aged about 19 years and then pursuing B.Com. (Ist Year) at Mohamed Sathak College of Arts and Science, Sholinganallur, met with an accident on 13/8/2019, at Greenways Road, opposite the State Human Rights Office. While the claimant was travelling in his motorcycle bearing Registration No. TN 11 W4558 at about 04:00 hours, he was hit by another motorcycle bearing Registration No. TN 06 W 3634 which was coming from the opposite direction, driven in a rash and negligent manner by its rider, endangering public safety.

(3.) As a result of the said accident, the claimant sustained grievous injuries, including a fracture of the right leg bone, facial injury on the left cheek, fracture of three teeth and multiple other injuries. He was immediately admitted to the hospital, where he underwent treatment and was subsequently assessed with 27% permanent disability. The first and second respondents are the owner and insurer of the offending motorcycle, respectively. Hence, the claimant filed a petition in M.C.O.P. No. 5758 of 2019 before the Motor Accidents Claims Tribunal, claiming compensation of Rs.20,00,000.00 against the respondents.