PACHAIAPPA CHETTIAR Vs. MUTHUKRISHNA NAIDU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred to set aside the order and decretal order, dated 16.11.2010 passed in M.C.O.P. No. 1407 of 2015 by the Motor Accidents Claims Tribunal (Additional District Court/Fast Track Court No. 3), Madurai.

(2.) The appellant herein is the claimant in M.C.O.P. No. 1407 of 2015, claiming compensation of Rs. 4,00,000/- for the injuries sustained by him in a road traffic accident on 05.03.2005, at about 23.30 Hrs, under Sections 140 & 166 of the Motor Vehicles Act, when the claimant travelled as one of the passenger in the Auto Rickshaw, bearing Registration No. TN-59-J-1147, owned by R1 and was insured with R The Tribunal has passed an Award, dated 16.11.2010, directing the 2nd respondent to pay a sum of Rs. 60,000/-, as compensation, with 9% interest per annum, from the date of claim petition, by fixing the liability upon R1 and R2 jointly and severally. Aggrieved by the quantum of Award amount, the claimant alone preferred the present Civil Miscellaneous Appeal for enhancement of compensation.

(3.) The Tribunal has Awarded a sum of Rs. 15,000/- towards pain and suffering; a sum of Rs. 10,000/- towards medical and other incidental expenses; a sum of Rs. 5000/- under the head, 'loss of earning during the period of treatment' and also a sum of Rs. 30,000/- towards partial permanent disability and totally, a sum of Rs. 60,000/- was awarded towards compensation, for the injuries sustained by the claimant.