SELVARAJ Vs. S RAMESH & ANR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment and decree dated 23.1.1998 pronounced in M.C.O.P. No. 2963 of 1995 on the file of the Motor Accident Claims Tribunal (III Additional District Judge), Thiruchirappalli, so far as the disallowed portion of the claim is concerned.

(2.) Aggrieved by the insufficiency of the compensation awarded by the Tribunal by its award dated 23.1.1998 made in M.C.O.P. No. 2963 of 1995, the injured/claimant has preferred this Civil Miscellaneous Appeal seeking enhancement of compensation.

(3.) According to the claimant, while he was proceeding with his T.V.S. 50 motor-cycle bearing registration No. TN45-Y-0901 near Musiri Roundtana on the Musiri-Duraiyur main road at about 9.30 a.m. on 21.9.1995, the lorry bearing registration No. TN-28-X-7949 belonging to the first respondent came there in the direction of south to north at a high speed driven by its driver in a rash and negligent manner and dashed against the claimant, as a result of which the claimant sustained multiple grievous injuries all over the body, including fractures in the left thigh and left hand. Pursuant to the said accident, he was admitted as an in-patient in the Government General Hospital, Thiruchirappalli after first aid treatment at Government Hospital, Musiri. Despite proper treatment, the injuries could not be completely cured and the same resulted in permanent disability. The further contention of the claimant was that he was aged about 26 years at the time of accident and was having a daily income of Rs. 75 as a coolie and that due to the accident and the resultant injuries leading to permanent disability, he has suffered loss of earning capacity also. Contending that the accident was the result of the negligent driving of the lorry belonging to the first respondent by its driver for which the first respondent, as the owner of the vehicle, was vicariously liable and the second respondent, as the Insurer of the vehicle, was liable to shoulder the liability of the first respondent, the claimant had prayed for an award directing the respondents 1 and 2 to jointly and severally pay a sum of Rs. 1,00,000 as compensation together with future interest and costs.