MURALI Vs. SREE BALAJI BLOCKS

JUDGEMENT

(1.) This appeal, under Sec. 173 of Motor Vehicles Act, has been filed by the appellant / claimant for enhancement of the sum awarded in M.C.O.P. No.262 of 2019 on the file of the Additional District Court, Motor Accident Claims Tribunal, Hosur.

(2.) Shortly stated, on 20/8/2018 at about 8 a.m., the appellant / petitioner was travelling as pillion rider in a TVS Star City Motorcycle bearing Registration No. TN-70-V-9817, which was ridden by his friend Ajith Kumar. While they were proceeding towards Hosur, on Attibele Andhivadi Check post road, on Nangapuram Railway Flyover Bridge, a Bharat Benz Tipper Lorry bearing Registration No.KA-51-B-9844, belongs to the 1st respondent, driven by its driver in a rash and negligent manner, came in the opposite direction, dashed against the motorcycle in which the appellant/petitioner was travelling, as a result of which, the appellant and his friend fell down and sustained grievous injuries. They were taken to Government Hospital, Hosur. The appellant / petitioner was treated as inpatient and was discharged on 28/8/2018. A case has been registered against the driver of the lorry in Cr.No.244/2018 under Sec. 279, 337, 338 IPC. The 1st respondent is the owner of the lorry and the 2nd respondent is the insurer of the said lorry.

(3.) The claimant filed the above MCOP claiming compensation of Rs.70,00,000.00 for the injuries sustained by him in the said accident. The Claims Tribunal framed necessary issues and came to the conclusion that the accident took place due to the negligence on the part of the driver of the 1 st respondent lorry and awarded compensation of Rs.7,15,506.00 after deducting 10% towards negligence on the part of the deceased rider of the two wheeler, since he did not posses driving license at the time of accident and directed the 2nd respondent Insurance Company to pay the said amount to the appellant / petitioner, at the first instance and then recover the same from the 1st respondent / owner of the lorry, since the driver of the 1st respondent lorry had no valid driving license at the time of accident.