P MUTHAZHEGAN Vs. B KRISHNA MURTHY RAO

JUDGEMENT

(1.) - The claimant before the. Tribunal is the appellant herein. On 24. 10. 1997 at about 4. 45 hours, while the claimant was riding on his cycle along choolai High Road, Chennai towards Am-battur, a lorry bearing registration No. AB 02-D 1266 driven by its driver in a rash and negligent manner dashed against the claimant causing him grievous injuries. At the time of accident, the claimant was aged 20 years and he was working as a Tea master, earning Rs. 6,000 per month. The alleged vehicle was insured with the respondent No. 2. The claimant filed a claim petition before the Tribunal praying for a sum of Rs. 3,00,000 as compensation.

(2.) IN the counter filed by the respondent no. 2, insurance company, the averments of the claimant as regards his age, income and avocation are denied. According to them, the claimant rode his bicycle rashly and carelessly and suddenly took a turn and crossed the road, due to which the accident has occurred and the contributory negligence has to be attributed. They contended that the amount claimed is excessive and prayed for dismissal of the claim petition.

(3.) AS regards the fastening of liability upon the driver of the lorry, there is not much dispute before this court. Learned counsel for the appellant would submit that the quantum of compensation awarded by the Tribunal under various heads is on the lower side and they are not proportionate to the gravity of the injuries sustained by the appellant-claimant.