K ALAGESAN Vs. D JAYAKUMAR

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Tribunal, dated 09.06.2011, made in MCOP.No.181 of 2010 on the file of the Motor Accident Claims Tribunal/(Second Additional Sub Court), Erode, the petitioner/claimant filed this present appeal to enhance the award passed by the Tribunal.

(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 05.02008 at about 5.30 p.m., the Mini Door Van bearing Registration No.TN-33-R-0321, in which the petitioner was working as a cleaner, was proceeding from Erode to Vellore and the petitioner was seated near the driver seat as cleaner. The van was driven by the first respondent. As the Van reached the Kallukadai bus stop, due to high speed, the driver of the van lost control and the van capsized on the left side of the road. The accident occurred due to the negligence of the first respondent driver only. The petitioner who was aged 39 years suffered bone fracture and multiple grievous injuries all over his body. The petitioner who was employed as cleaner in the Mini Door Van was earning Rs. 4,500/- per month. Due to the injuries suffered, he is not in a position to attend to his normal avocation. Thus, the petitioner sought for a sum of Rs. 8,00,000/- as compensation from the respondents.