BENATIC SAMSON @ SAMSON Vs. K ARJUNAN

JUDGEMENT

(1.) The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai dated 19.02.2015 made in MCOP.No.2722 of 2013. While the appeal in CMA.No.1469 of 2015 is filed by the injured claimant seeking enhancement, the appeal in CMA.No.341 of 2016 is filed by the Insurance Company questioning the quantum of compensation.

(2.) The case of the claimant before the Tribunal was that while he was riding the motor cycle bearing registration No.TN-20-BS-6295 at T.H. Road near Kodungaiyur, a lorry bearing registration No.TN-22-B-7567 proceeding in the same direction, driven by its driver in a rash and negligent manner endangering public safety came from behind and dashed against the motor cycle. As a result of the impact the claimant was thrown out of the motor cycle and the wheel of the lorry ran over his leg which resulted in grievous injures. Because of the injury, the left leg of the claimant was amputated. Contending that it was the driver of the lorry who had caused the accident by his negligence the claimant sought for a compensation of Rs. 1,00,00,000/-.

(3.) The claim petition was resisted by the Insurance Company contending that it was the rash and negligent driving of the claimant which caused the accident. The Insurance Company would also contend that the compensation claimed is highly excessive and without any evidence. The claims made under various heads were specifically denied. It was also contended that the claimant who was riding the motor cycle drove the vehicle in a zig-zag manner without observing the traffic rules and without a valid driving license. According to the Insurance Company, it was the negligence and carelessness on the part of the claimant which caused the accident.