G.NANDHAKUMAR Vs. V.KARTHIKEYAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/claimant challenging the portion of the award fixing 50% negligence on the part of the appellant and seeking enhancement of the compensation granted by the award dated 06.02.2018, made in M.C.O.P.No.70 of 2014, on the file of the Principal Sub Court, (Motor Accident Claims Tribunal), Vellore.

(2.) The appellant/claimant filed M.C.O.P.No.70 of 2014, on the file of the Principal Sub Court, (Motor Accident Claims Tribunal), Vellore, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 18.09.2010.

(3.) The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by both the appellant as well as the driver of the bus belonging to the 1st respondent, fixed 50% negligence on both of them, awarded a sum of Rs.2,94,911/- as compensation and directed the 2 nd respondent- Insurance Company to pay a sum of Rs.1,47,456/- (50% of the award amount) as compensation to the appellant at the first instance and recover the same from the 1st respondent.