N VINAYAGAM Vs. K KRISHNAVENI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the order dated 28.07.2009 in MCOP No. 4317 of 2004, whereby the Tribunal has awarded compensation of Rs. 1,85,550/- to the claimant, who is the injured in an accident that occurred on 03.08.2004. Now the claimant approached this Court for enhancing the award amount.

(2.) The brief facts are that, on 03.08.2004 at about 20.30 hours, while the claimant was walking in old Kadpadi Road, opposite to Kannan Body Builders, a tanker lorry bearing Reg.No. TN 23 X 1458 came in a very high speed, rash and negligent manner and dashed against the petitioner. Thereby the petitioner sustained grievous injuries. The 1st respondent is the owner and the 2nd respondent is the Insurance Company. For the alleged accident, a case has been registered in Cr.No.744 of 2004 in Vellore north Police station against the driver of the Tanker Lorry. In the Claim Tribunal, the petitioner claimed a total compensation of Rs.23,00,000/- from the respondents.

(3.) In the Claim Tribunal, the 1st respondent remained exparte.