JAGANATHAN Vs. ARUN

JUDGEMENT

(1.) THE above civil miscellaneous appeal has been filed by the appellant/claimant against the Award and Decree, dated 18. 12. 2006, made in M. A. C. T. O. P. No. 5451 of 1999, on the file of the IV Small Causes Court (Motor Accidents Claims Tribunal), Chennai, awarding a compensation of Rs. 1,21,500/- with 7. 5% interest from 12. 08. 1999 till the date of deposit of the compensation.

(2.) AGGRIEVED by the said Order, the appellant/claimant has filed this appeal for enhancement of the compensation of Rs. 7,00,000/ -.

(3.) THE short facts of the case are as follows: the petitioner/jagannathan, aged about 24 years is a delivery boy in Sansor Couriers, Chennai-6 and earning a monthly salary of Rs. 1,500/- per month. On 30. 07. 1998, at about 5. 15 P. M. when the petitioner was going by cycle from South to North on the Barnaby Road, Kilpauk, Chennai-10, on the extreme left side, a Kinetic Honda Scooter bearing registration No. KA 03 L 564, driven rashly and negligently by its rider dashed on the back of the left hand side of the petitioner's body. The petitioner fell down from the cycle and sustained injuries and the cycle was also damaged. He was taken to ESI Hospital at Ayanavaram, Chennai-23 and was given treatment, as inpatient for two months. Both bones in his left leg were fractured. Due to this, the petitioner is not able to walk and frequently gets pain in left leg and hence the petitioner is not able to go to work. As the accident has been caused by the rash and negligence driving of the driver/owner of the vehicle, the first respondent herein and as the said motorcycle has been insured with the second respondent, both the respondents on jointly and severally liable to pay the compensation to the petitioner. The petitioner has initially claimed Rs. 51,000/- for injuries sustained but had claimed compensation of Rs. 7,00,000/- under various heads from the respondents with interest and costs under Section 166 of the Motor Vehicles Act and Rule of M. A. C. T. Rules.