MOHAMMED BABU Vs. MGM TRAVELS AND ORS.

JUDGEMENT

(1.) The claimant, who was awarded a sum of Rs.9,29,000.00 for the injuries sustained by him in the motor accident that occurred on 17/8/2012, has come up with the appeal, seeking enhancement of compensation.

(2.) According to the claimant, on 17/8/2012, while the petitioner was riding his motorcycle bearing Registration No.TN-02-AR- 0189 at Tharamani 100 feet road from east to west direction, a private bus, bearing Registration No.TN-01-AH-6510, belonging to the first respondent and insured with the second respondent, driven by its driver in a rash and negligent manner, dashed against the motorcycle. As a result of the accident, he sustained grievous injuries and his right hand was amputated below elbow. Contending that the injuries have resulted in disability, the claimant sought for compensation of Rs.40,00,000.00

(3.) The claim petition was resisted by the second respondent Insurance Company contending that the accident did not occur due to rash and negligent driving of the bus driver and according to the insurance company, it was the rash and negligent driving of the claimant himself that caused the accident and hence, the Insurance Company is not liable to pay the compensation. The insurance company also disputed the extent of disability and the pecuniary loss claimed.