K BHOOSAN Vs. S SARAVANAKUMAR

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 28.06.2005 made in MCOP.No.1829 of 2000 on the file of the Motor Accident Claims Tribunal/II Judge, Small Causes Court, Chennai, the petitioner/claimant filed this present appeal seeking enhancement of award amount.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 27.02.2000 at about 22.30 hours, as the petitioner was proceeding in his motor cycle bearing Registration No.TN-09-F-2971, in Kodambakkam High Road, opposite to Kakkan Colony, the first respondent's Maruthi Van bearing Registration No.TN-09-K-6262, came in the opposite direction at high speed dashed against the two wheeler in which the petitioner was proceeding causing multiple grievous injuries and fracture in his right hand and fracture of the shaft of right femur. The accident occurred only due to the rash and negligent driving by the first respondent's vehicle driver. The petitioner was aged about 31 years at the time of accident and employed as Assistant in a private company was earning a sum of Rs.2,500/- per month. Due to the injuries suffered, the petitioner is unable to attend to his normal work and suffered loss of earning capacity. Thus, the petitioner seeks a sum of Rs.8,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.