N PRAKASH MINOR Vs. IRFAAN

JUDGEMENT

(1.) (Appeal under Section 173 of the Motor Vehicles Act, 1988 against the Award and Decree dated 25.01.2000 made in MACTOP No.3954 of 1996 on the file of the Motor Accidents Claims Tribunal (III Small Causes Court, Chennai).) This Civil Miscellaneous Appeal is filed by the appellant against the Award and Decree dated 25.01.2000 made in MACTOP No.3954 of 1996 on the file of the Motor Accidents Claims Tribunal (III Small Causes Court, Chennai).

(2.) THE background facts in a nutshell are as follows:- THE injured boy/claimant, met with an accident on 04.10.1996 at about 6.00 p.m., while he was standing on the southern side of the road and walking from east to west. At that time a Bajaj Motor Cycle bearing Registration No.T.N.04.D.3352 driven by its driver in a rash and negligent manner from east to west dashed against the appellant/injured boy. Due to the accident the injured boy lost his right eye vision, disfiguration of face and also sustained injuries all over his body. THE injured boy being a minor represented by his mother claimed a sum of Rs.4,00,000/- as compensation before the Tribunal. After considering the materials and evidence available on record, the Tribunal awarded a compensation of Rs.90,000/- with interest at 12% p.a. from the date of petition. Aggrieved, the claimant has preferred the present appeal.

(3.) HEARD the learned counsel on either side. On the side of the appellant/claimant, P.Ws.1 to 5 were examined and documents Ex.P.1 to Ex.P.9 were marked. P.W.1 is the mother of the injured boy. P.W.2 is the Doctor Mr.J.R.R.Thiagarajan. P.W.3 is the Doctor Mr. Rajappa. P.W.4 is Mr. Mohamed Yusouf, Sub Inspector. P.W.5 is the injured boy/claimant. Ex.P1 is the Discharge certificate. Ex.P2 is the Out Patient Slip.. Ex.P.3 Eye Hospital Out Patient Slip. Ex.P4 is the School Certificate. Ex.P5 is the Disability Certificate issued by the Doctor,P.W.2. Ex.P.6 is the X-ray Report. Ex.P.7 is the Disability Certificate issued by the Eye Doctor. Ex.P8 is the First Information Report. Ex.P9 is the Rough Sketch. On the side of the Insurance company, no witnesses were examined and no documents were marked. After considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.90,000/- with interest at 12% p.a. from the date of petition. The details of compensation are as follows:-