B RAMESH BABU Vs. C MUTHU

JUDGEMENT

(1.) Aggrieved over the quantum of compensation awarded by the Tribunal dated 16.12.2009, made in MCOP.No.5231 of 2005 on the file of the Motor Accident Claims Tribunal/(Fast Track Court No.V), Chennai, the petitioner/claimant filed this present appeal for 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 01.11.2005 at about 20.30 hours, when the petitioner was proceeding in the two wheeler bearing Registration No.TN-22-AH-0412 at MGR Road, near Pazhavanthangal Subway Road, Chennai, a Load Auto bearing Registration No.TN-22-V-8464, came at high speed, driven in a rash and negligent manner dashed on the motor cycle, causing grievous injuries to the petitioner and also the pillion rider one Murugesan. The first respondent is the owner and the second respondent is the insurer of the vehicle. The accident occurred only due to the negligence of the first respondent auto driver. The petitioner was aged 33 years and was employed as van driver earning a sum of Rs.3,500/- per month and Rs.20/- per day as batta. Due to the injuries suffered, the petitioner is not in position to carry on his driving work. Thus, the petitioner suffered loss of income. Hence, the petitioner sought for a sum of Rs.4,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.