K VIJAYAN Vs. JOTHIRAMAN

JUDGEMENT

(1.) The claimant, who has suffered amputation at his right leg in the motor accident that had occurred on 19.05.2012 has come up with this appeal, challenging the award passed by the Motor Accidents Claims Tribunal, III Small Causes Court, Chennai in MCOP No.4756 of 2012 dated 23.03.2015 granting a sum of Rs. 15,70,321/-.

(2.) According to the appellant, while the appellant was riding a motorcycle bearing Registration No.TN-05-B-2374 at Sathyamoorthy Nagar near Vyasarpadi, at that time, another motorcycle bearing Registration No.TN-18-E-9499, belonging to the 1st respondent and insured with the 2nd respondent, came from north, driven in a rash and negligent manner, dashed against the petitioner. As a result of the grievous injuries sustained, his right leg was amputated below knee. The appellant also contended that the appellant was employed as Computer Hardware Service Engineer, and doing his own business and earning a sum of Rs. 25,000/- per month and claimed a compensation of Rs. 50,00,000/-.

(3.) The claim petition was resisted by the second respondent Insurance Company contending that the accident was caused due to rash and negligent driving of the appellant who was riding the motor cycle at the time of accident. Hence, the Appellant Insurance Company is not liable to pay the compensation.