GOVINDARAJ Vs. THIRUMOORTHY

JUDGEMENT

(1.) This is a claimant's appeal against the judgment and award dated 05.08.2003 passed by the Motor Accidents Claims Tribunal, II Additional Sub Judge, Erode, in M.C.O.P.No.624 of 2001.

(2.) According to the appellant, on 2.10.2000 about 8.00 a.m he travelled in the van bearing Registration No.TCQ 6876 belonging to him, from Attayampalayam to Bhavani, which was driven by the fourth respondent at a moderate speed. When the van was nearing Kumilamparapu, a lorry bearing Registration No.MDG 2237 which was owned by the second respondent, insured with the third respondent insurance company and driven by the first respondent, came from the opposite direction in a rash and negligent manner and dashed against the van, in which, the appellant was travelling. Due to the said impact, the appellant sustained grievous injuries. He filed a claim petition claiming a compensation of Rs.5,00,000/-. On consideration of the evidence and materials adduced by the parties, the Tribunal, after having held that the accident had occurred due to the rash and negligent driving of the driver of the lorry and the respondents 2 and 3, being the owner and insurer of the lorry, were liable to pay compensation to the appellant jointly and severally, quantified a total compensation at Rs.95,000/- with interest at 9%p.a. from the date of petition. Being dissatisfied with the quantum so awarded, the appellant has preferred this appeal seeking enhancement of the same.

(3.) The learned counsel for the appellant contended that the compensation so awarded is inadequate and the same should be enhanced on the following heads: