V S KRISHNAMURTHY Vs. M THANIKACHALAM

JUDGEMENT

(1.) CHALLENGE in this civil miscellaneous appeal is to the award passed by the Motor Accidents Claims Tribunal viz., IV Judge, Fast Track Court, Chennai in M.C.O.P.No,3761 of 1999 dated 20.05.2003 awarding a total compensation of Rs.1,50,000/- together with interest at 9% per annum from the date of filing of the petition till date of payment etc. and thereby the appellant/claimant has prayed for an enhancement of compensation.

(2.) THE short facts of the claim are as follows: On 02.6.1999 at about 9.00 a.m. the appellant/ claimant was riding the scooter bearing Registration No.TN-09-7141 from north to south direction in Jawharlal Nehru Road, Guindy, Chennai-32 and at that time a lorry bearing Registration No.T.M.P.6379 came from behind in a rash and negligent manner and dashed against his scooter causing grievous injuries. THE first respondent is the owner of the offending vehicle. THE second respondent is the insurer. Hence, they are jointly and severally liable to pay the compensation amount of Rs.3,00,000/- to the claimant.

(3.) TO prove negligence, the appellant/claimant has examined himself as P.W.1 and he has deposed that on 02.06.1999 at about 9.00 a.m. in the morning, while he was riding his scooter TN-09-7141 in Jawharlal Nehru Road, Guindy, Chennai (traveling from Ashok Nagar to Guindy) at that time the lorry bearing Registration No.T.M.P.6379 came from behind and dashed against his vehicle, as a result of which he fell down and the lorry's back wheel ran over his hip and his hip and bones in three places were broken and he sustained grievous injuries on his left hand, abrasions in his right hand and other injuries all over the body and he lost his Cane Bag in which he had kept his credit card, licence and a sum of Rs.2,000/- in his hand bag and immediately he received first aid treatment at Pallavan Hospital and later since his condition was stable he was taken to the Apollo Hospital, where he remained as inpatient for 44 days and also he underwent two surgeries and that his discharge summary is Ex.P.1 and the treatment medical bills of the Apollo Hospital is Ex.P.2 (series) and Ex.P.3 is the Apollo Hospital receipts (series) and that he prays for a compensation of Rs.3,00,000/-.