K V SELVARAJ Vs. R SUNDARAM

JUDGEMENT

(1.) BEING dissatisfied with the quantum of Rs.30,750/- for the personal injuries sustained by the claimant, claimant has preferred this appeal.

(2.) BRIEF facts which are necessary for disposal of this appeal are as follows:- On 28.11.1997 at about 12.45 hours, when the petitioner was waiting for signal at 2nd Main Road, R.A. Puram, Oil Tanker Lorry bearing Registration No.TDF 2259, which was driven in a rash and negligent manner came from behind and hit the petitioner. Due to the accident, claimant had sustained head injuries. After the accident, claimant was admitted in Kaliappa Hospital and had taken treatment as in-patient. Alleging that the accident was due to the rash and negligent driving of tanker lorry, claimant had filed petition under Sec.166 MV Act, claiming compensation of Rs.1,50,000/-.

(3.) THE learned counsel for the appellant further submitted that the Tribunal erred in clubbing the heads "Pain and Suffering" and "Permanent Disability" and in awarding a meager sum of Rs.15,000/- under both heads. THE learned Counsel submitted that the quantum of compensation of Rs.30,756/- is substantially enhanced.