GOVINDARAJ NAIDU Vs. RAJAMMAL TRANSPORT AND ORS.

JUDGEMENT

(1.) The appellant is the claimant in M.C.O.P.No.465 of 2007 on the file of the Additional District and Sessions Judge, Motor Accidents Claims Tribunal, Poonamallee. The appellant/claimant filed the above claim petition under Sec. 166 of Motor Vehicles Act, 1988 seeking compensation of Rs. 7,00,000.00 for the injuries sustained by him in a road accident that took place on 18/1/2006 at about 01.15 a.m, when he was riding his bullock cart along Jawaharlal Nehru 100 feet road, Ambal Nagar, Chennai. According to him a speeding van bearing Registration No. TN - 20 - L - 7999 belonging to the first respondent hit the bullock cart from behind, as a result of which, he sustained injuries all over his body. It is further contended by him that he was a coolie earning a sum of Rs. 350.00 per day, that the rash and negligent driving of the driver of the van bearing Registration No. TN 20 - L - 7999 belonging to the first respondent was the cause of the accident and that since the said vehicle was insured with the second respondent, the National Insurance Company Limited, both of them are jointly and severally liable to pay compensation to him.

(2.) The owner of the van bearing Registration No.TN 20 - L - 7999 did not appear before the tribunal and therefore, he was set ex- parte. The second respondent contested the claim petition. The learned Additional District and Sessions Judge, Motor Accidents Claims Tribunal, Poonamallee after analysing the evidence on record awarded compensation of Rs. 1,30,000.00 together with interest at the rate of 7.5% per annum. The award passed by the tribunal under various heads is extracted hereunder:

(3.) Not satisfied with the award passed by the tribunal, the claimant has filed the present appeal under Sec. 173 of the Motor Vehicles Act, 1988.