SRIDHAR Vs. S. ELANGOVAN AND OTHER

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs. 1,78,400/- awarded by the Motor Accident Claims Tribunal (Additional District Court), Namakkal, the appellant claimant has preferred this appeal seeking enhancement of compensation to Rs. 5,00,000/-.

(2.) Succinctly put, the facts are as under: On 03.12.2014, at about 08.30 A.M., near Naghar Kovil and Pallar street at Kallichettypatti in Vilaiyapatty to N.Puthukottai main road, when the appellant was riding a bicycle on the left side of the road towards N.Puthukottai from his residence, a lorry bearing registration No.TN- 31 AE 4371 driven by its driver in a rash and negligent manner and without noting the traffic rules came behind and hit against the bicycle. Due to the accident, the appellant was thrown out and sustained multiple grievous injuries and compound fractures in his head, both legs, both hands, chest and also injuries all over the body. Immediately, after the accident, the appellant was admitted to Akshaya Hospital, Namakkal, wherefrom he was taken to Ganga Hospital, Coimbatore, where he had taken treatment as inpatient. Regarding the accident, a criminal case was registered against the driver of the lorry in Crime No.330 of 2014 under Sections 279 and 338 IPC.

(3.) At the time of accident, the appellant was 20 years old and was a first year student of Sri Renkeshwara Polytechnic College, N.Pudhukottai. At the time of accident, the lorry bearing registration No.TN-31 AE 4371 was insured with the second respondent insurance company. Stating that the accident was due to rash and negligent driving of the driver of the lorry and due to the accident, the appellant sustained multiple grievous injuries all over the body, he filed the claim petition claiming compensation of Rs. 10,00,000/-.