K.SHANMUGAM Vs. V.KRISHNAMURTHY, PROPRIETOR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant / claimant as against the award passed by the Motor Accident Claims Tribunal, Additional District Court / Fast Track Court No.IV, Poonamallee, in MCOP No.201 of 2003.

(2.) According to the appellant / claimant, on 21.04.2003 when he was riding his M-80 Motorcycle, near DC Road, Meenambakkam, in GST Road, the Ambassidor Car belonging to the first respondent, which was driven by its driver, came at a high speed and hit the claimant and the pillion rider. Due to the said impact, the claimant fell down and sustained fracture on left ankle, besides receiving multiple injuries all over the body. Stating so, he has filed a claim petition before the Tribunal claiming a sum of Rs.2,00,000/- as total compensation.

(3.) The Tribunal, after elaborate trial, has held that the accident had occurred due to the rash and negligent act on the part of the driver of the Ambassidor Car belonging to the first respondent herein and insured with the second respondent / Insurance Company as well as the claimant and fixed the contributory negligence at 60% and 40% on them and ultimately arrived at the total compensation at Rs.65,880/-. Accordingly, the Tribunal after deducting 40% from the said quantum towards contributory negligence on the part of the claimant, has directed the Insurer to pay a sum of Rs.39,500/- along with interest and costs. Branding the quantum so awarded as disproportionate to the nature of the injuries sustained and lesser, the claimant / appellant has preferred this Appeal, seeking enhancement of the compensation awarded by the Tribunal.