PALANISAMY Vs. T.MANIKANDAN

JUDGEMENT

(1.) The appellant is the claimant in M.C.O.P.No. 226 of 2009, on the file of the Motor Accidents Claims Tribunal, the Chief Judicial Magistrate, Salem. He has filed the above said claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.3,00,000/- for the injuries sustained by him in a road accident that took place on 26.12.2008.

(2.) The brief case of the appellant/claimant is as follows:

(3.) The owner of the motorcycle bearing Registration No. TN 34 B 1881, was absent before the Tribunal, and therefore, he was set ex- parte. The United India Insurance Company Limited contested the claim petition. Before the Tribunal, on the sided of the appellant/claimant, PW1 and PW2 were examined and Ex.P1 to Ex.P9 were marked. On the side of the respondents, no evidences were adduced. After going through the oral and documentary evidence adduced before the Court, the Tribunal awarded a sum of Rs.1,26,619/- together with interest at the rate of 7.5% per annum and directed the first and second respondents therein to jointly and severally pay the said compensation to the appellant/claimant. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.