S. VADIVEL Vs. S. CHANDRA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the claimant not satisfied with the award of Rs. 4,17,400.00 for the injuries sustained by the appellant in the accident occurred on 29.01.2006. At the time of accident, the appellant was going from West to East in his motorcycle, which was dashed down by a Maruthi Car coming in the opposite direction rashly and negligently. Therefore, the claim petition.

(2.) On contest the Tribunal found the accident occurred due to the rash and negligent driving of the car and fastened the liability on the second respondent Insurance Company as the insurer. As far as quantum of compensation is concerned, the Tribunal taking into consideration the injuries sustained by the appellant determined the disability at 40%, even though the claimant claimed 65% disability, and awarded a compensation of Rs. 4,17,400.00. The said award is challenged.

(3.) Heard Mr. T. Selvakumaran, learned counsel appearing for the appellant and Mr. N. Murugesan, learned counsel appearing for the second respondent.