K JEGAN Vs. RAJESH @ JEGAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimant/appellant against the award of the Motor Accident Claims Tribunal /Special Court, Nagercoil, Kanyakumari District in M.C.O.P.No.7 of 2013, dated 14.08.2014.

(2.) It is a case of injury. The manner of the accident is not in dispute. The appellant/claimant has filed this appeal seeking to enhance the compensation. The tribunal after considering the pleadings, oral and documentary evidence and arguments of the counsel for the appellant and claimants and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the appellant/Insurance Company and directed the appellant/Insurance Company to pay a sum of Rs.1,91,311/-, as compensation. Against which, the present appeal has been filed.

(3.) The learned counsel appearing for the appellant/claimant would submit that the Tribunal has awarded only a sum of Rs.2,000/- per percentage of disability and he would further submit that the award passed on the other heads are on the lower side and the same may be increased. Further, though the appellant has severely injured, the tribunal has not awarded any amount for loss of marital life while arriving at the compensation.