B. BALAMURUGAN Vs. M. DHANDAPANI

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.17,17,500/- awarded by the Tribunal, the appellant has filed the present appeal seeking enhancement of compensation.

(2.) Brief facts are that on 12.7.2010 at about 8.10 P.M., the appellant was riding his two wheeler bearing registration No.TN-22 AV 3844 on the left side of Medavakkam Main Road. While he was nearing Bhavani Mahal, a tipper lorry bearing registration No.TN-10 H 3555 driven by its driver in a rash and negligent manner dashed against the two wheeler. Due to the impact, the appellant sustained grievous injuries. After the accident, the appellant was admitted in Dr. Kamakshi Memorial Hospital, where he had taken treatment from 12.7.2010 to 08.9.2010. Regarding the accident, a criminal case in Crime No.922 of 2010 by St. Thomas Mount Traffic Investigation Police Station against the driver of the tipper lorry. At the time of accident, the appellant was aged 31 years and was earning Rs.25,000/- by working as House Keeping Executive in Mac Lellan. According to the appellant, at the time of accident, the first respondent's lorry was insured with the second respondent under Policy No.011100/31/09/01/00007673 valid from 06.12.2009 to 05.12.2010. Stating that the accident occurred due to rash and negligent driving of the tipper lorry, the appellant has filed the claim petition claiming compensation of Rs.32.00 lakhs.

(3.) Resisting the claim petition, the second respondent filed counter stating that the accident has not occurred due to rash and negligent driving of the driver of the tipper lorry and they have not received any information from the first respondent qua accident. The second respondent denied the age, occupation and monthly income of the appellant. It is stated in the counter that the injuries and disability are exaggerated and prayed for dismissal of the claim petition.