N BALAGANESAN Vs. E S BALAKRISHNA

JUDGEMENT

(1.) The injured claimant who was awarded a compensation of Rs. 3,19,457/- for the injuries sustained by him in a motor accident that occurred on 18.11.2001 has come forward with this appeal seeking enhancement.

(2.) According to the appellant/ claimant when he was riding his bicycle at Salem Dharmapuri Road towards Dharmapuri on the extreme left side of the road a Tempo bearing registration No.KA-05-B-1059, belonging to the 1st respondent Insured with the 2nd respondent, driven by its driver in a rash and negligent manner dashed against the petitioner. Due to the impact the petitioner sustained various injuries which had resulted in a permanent disability as well as loss of earning power. The claimant was also forced to spend huge amounts towards medical expenses. On the whole, the claimant sought for a compensation of Rs. 23,00,000/-.

(3.) The 1st respondent owner of the offending van remained exparte before the Tribunal. The 2nd respondent Insurance Company resisted the claim petition contending that the accident occurred because the petitioner abruptly crossed the road without looking for any on coming vehicle. Due to such sudden action on the part of the injured, the driver of the van could not stop the vehicle despite his best efforts. Therefore, according to the Insurance Company, the accident took place becuase of the negligence of the claimant himself and hence, they are not liable to pay any compensation.