G.SURESH Vs. CHELLAPANDI

JUDGEMENT

(1.) This appeal has been filed by the appellant / owner of the vehicle challenging the award, dated 05.01.2009, passed in M.C.O.P.No.66 of 2006.

(2.) It is a case of injury. The manner of the accident is not in dispute. The first respondent/claimant has filed the claim petition claiming Rs.1 lakh as compensation. The second respondent herein is the rider of the vehicle. On the side of the first respondent/claimant, PWs.1 to 3 were examined and Exs.P1 to P10 were marked. On the side of the appellant and the second respondent, the second respondent himself was examined as RW1 and Ex.R1 was marked. The Tribunal has awarded Rs.56,000/- towards disability; Rs.20,000/- towards pain and sufferings; Rs.2,000/- towards transportation and extra nourishment, and Rs.800/- towards medical bills, totalling Rs.78,800/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realisation. Challenging the said award, the appellant/owner of the vehicle has filed this appeal.

(3.) The learned counsel appearing for the appellant/owner of the vehicle submitted that the rider of the vehicle viz., the second respondent was acquitted in the criminal case, which clearly proved that the second respondent is not responsible for the accident and the appellant's vehicle had not involved in the accident. On the other hand, he would submit that the first respondent / claimant has sustained only simple injuries, but the Tribunal has excessively awarded a sum of Rs.56,000/- towards disability of 56% and Rs.20,000/- towards pain and sufferings. Thus, he prayed to allow this appeal.