RIZWAN N LALANI Vs. V PRABHAKARAN

JUDGEMENT

(1.) Having not satisfied with the award of compensation, dated 25.11.2014, passed by the learned II Judge, Motor Accident Claims Tribunal (Court of Small Causes) Chennai, in MACTOP No.2090 of 2011, the appellant / claimant has filed the present Civil Miscellaneous Appeal.

(2.) The appellant / claimant was working as a Customer Service Professional at M/s.Sitel India Limited, City Centre, Mylapore, Chennai and was earning a sum of Rs. 1,75,000/- per annum. While he was travelling as a passenger in the first respondent's Car bearing Registration No.TN22-BL-5719 on 01.05.2011, the Car met with an accident due to the rash and negligent driving of the driver of the Car. The first respondent is the owner of the Car. The first respondent has insured the Car with the second respondent. Having suffered left parietal comm united - depressed fracture, right frontal hemorrhagic contusion and anterior interhemispheric bleed with SAH, the appellant / claimant had undergone surgery on 03.05.2011. Disability certificate was issued by P.W.2 - Dr.Amarnath R Sowlee and the same was marked as Ex.P10. The appellant / claimant was 23 years of age at the time of accident. He filed a claim petition seeking compensation of a sum of Rs. 24,00,000/-.

(3.) The Tribunal has relied on the documents marked by the appellant / claimant, as well as by the respondents. On the question of negligence, the Tribunal, on the basis of Ex.R4 - R.C. Book, Ex.R5 - copy of permit for first respondent's vehicle, Ex.R6 - copy of insurance policy, had come to the conclusion that the driver of the first respondent's Car did not possess a valid driving licence to drive a Tourist cab. Therefore, negligence was attributed to the driver of the first respondent.