M SIVACHALAPATHY Vs. SADASIVAM

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed against the decree and judgment dated 30. 09. 1996, made in M. C. O. P. No. 1243 of 1992 on the file of the Motor Accidents Claims Tribunal (II Additional District Court), Erode.

(2.) BACKGROUND facts in a nutshell are as follows:-The claimant was injured in a motor accident on 05. 05. 1992 at 12 Noon. The claimant was a pillion rider in a TVS-50 bearing Registration No. TAN 9842. The vehicle was driven by one Duraiswamy. While they were nearing Modakurichi-Elumathur Road, a van bearing Registration No. TAQ 6566 came from behind at high speed in a rash and negligent manner and dashed against the vehicle in which the claimant was traveling. Due to the accident, the claimant suffered fractures and grievous injuries all over the body. The claimant claimed a compensation of Rs. 3,00,000/- before the Tribunal. On pleadings, the Tribunal framed the following issues:

(3.) LEARNED counsel appearing for the Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.