S VIJAYAKUMAR Vs. R NITHYANANTHAN

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Tribunal dated 07.04.2010 made in MCOP.No.4734 of 2003 on the file of the Motor Accident Claims Tribunal,IV Judge, Small Causes Court, Chennai, the petitioner/claimant has come forward with this civil miscellaneous appeal for enhance the award amount.

(2.) For 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 23.07.2003 at about 19.00 hours, when the petitioner was proceeding in his two wheeler bearing Registration No.TN-07-L-6922 in Sardhar Patel Road, near Tamil Nade High Ways Department Office, a Mahendra Van bearing Registration No.TN-21-R-9049, came at high speed and dashed against the two wheeler in which the petitioner was travelling causing him grievous injuries all over the body and fracture on his right hand and head. The petitioner was aged about 52 years at the time of the accident and he was employed as Depo Manager in a private concern, earning a sum of Rs.10,000/- per month. Due to the injuries suffered by him, he is not able to attended his work regularly. He is still taking treatment for the injuries suffered by him. The accident occurred only due to the negligence of the first respondent van driver. Hence, the petitioner sought for compensation for a sum of Rs.3,00,000/- from the respondents who are the owner and insurer of the offending vehicle.