LAWS(MAD)-2018-2-525

M MANIKANDAN DURAIRAJ @ MANIKANDAN Vs. A GEORGE

Decided On February 09, 2018
M Manikandan Durairaj @ Manikandan Appellant
V/S
A George Respondents

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, the petitioner/claimant in MCOP.No.2334 of 2014 filed CMA No.1987 of 2017 and aggrieved over the finding of the Tribunal, the second respondent/Insurance Company in MCOP.No.2334 of 2014 filed CMA.No.617 of 2017.

(2.) For 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 22.03.2014, at about 18.00 hours, while the petitioner was riding his motor cycle bearing Registration No.TN-23-AY-6007 in Tambaram - Vanakaram Bye Pass Road, from south to north, the first respondent owned car bearing Registration No.TN-07-AV-1499, came at high speed in the opposite direction and dashed against the petitioner motor cycle. As a result of which, the petitioner has fallen down and sustained multifarious fractures and injuries all over hos body. He also suffered dislocation of the hip bone and internal injuries in chest and skull, apart from several other injuries all over the body. The accident occurred due to the negligence of the first respondent car driver only. At the time of accident, the petitioner was aged about 23 years and worked as sales executive in a private company, earning a sum of Rs.8,000/- per month and other incentives. Due to the injuries suffered by him, he is not able to attend to his avocation as he used to be. Hence, the petitioner seeks compensation of Rs.16,00,000/- from the respondents, who are the owner and insurer of the offending vehicle.