S NARESH KUMAR Vs. K THANGAVEL

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 27.10.2005 made in MCOP.No.595 of 2013 on the file of the Motor Accident Claims Tribunal/Special Sub Court, Erode, 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 26.08.2012, around 2.00 p.m., as the petitioner was riding his Motor Cycle bearing Registration No.TN-33-AP-5277, along with his wife as pillion rider, in Kangayam to Erode Road, near Arachalur Thiruvalluvar Nagar, proceeding on the extreme left side of the road, A Tempo Van bearing Registration No.TN-39-D-2652 came at high speed in the opposite direction dashed against the petitioner's two wheeler causing grievous injuries to the petitioner, which his wife suffered fatal injuries. The petitioner was aged about 29 years and by working as car driver was earning a sum of Rs.15,000/- per month. Due to the injuries suffered by him, he is unable to attend to his avocation as driver and suffered loss of income. The accident occurred only due to the negligence of the first respondent driver who was driving the said tempo van at the time of occurrence. Hence, the petitioner seeks a sum of Rs.15,00,000/- from the respondents 2 and 3, who are the owner and insurer of the offending vehicle.