SYED IBRAHIM Vs. S.VENKIDUSAMY

JUDGEMENT

(1.) The appellant is the claimant in MCOP.No.1092 of 2010 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court, Tirupur.

(2.) The case of the claimant is that on 12.08.2010, he was riding his motorcycle bearing Registration No.TN 39 E 9945 along Avinashi road. At about 6.30 am, when he was nearing Valampalayam bridge, a speeding lorry bearing Registration No.TN 33 AE 1555 belonging to the first respondent and insured with the second respondent hit his two wheeler, as a result of which, he was thrown out and sustained multiple injuries all over his body. According to the claimant, the rash and negligent driving of the driver of the lorry belonging to the first respondent was the cause of the accident and that since the said lorry was insured with the second respondent, United India Insurance Company Limited both of them are jointly and severally liable to pay compensation.

(3.) The first respondent, owner of the lorry bearing Registration No.TN 33 AE 1555 remained absent before the Tribunal and therefore, he was set ex-parte. The second respondent, United India Insurance Company Limited contested the claim petition. The learned Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tirupur after analysing the evidence on record, awarded a compensation of Rs.3,06,000/- together with interest at the rate of 7.5% per annum to the 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.