N RAMACHANDRAN Vs. SULAIMAN TRADERS

JUDGEMENT

(1.) Claimant is the appellant seeking enhancement of compensation awarded by the learned V Judge, Motor Accidents Claims Tribunal (Small Causes Court), Chennai, in M.C.O.P.No.1204 of 2008, dated 22.06.2010.

(2.) The short facts that are essential for the disposal of this appeal is that the claim petitioner has preferred claim petition in M.C.O.P.No.1204 of 2008 before the learned V Judge, Motor Accidents Claims Tribunal (Small Causes Court), Chennai, alleging that on 23.02.2008 at 00.10 hours, he was proceeding as Cleaner in the Swaraj Masda Van bearing Registration No.TN-25-U-6133 along with G.S.T. Road, from North to South Direction and when the said vehicle was nearing Airport Deccan Devil, the same was driven by its driver in a rash and negligent manner without following the traffic rules and regulations and dashed against another Lorry, which was going ahead. Due to which, the claimant sustained grievous injuries. The accident had occurred due to breakneck speed and reckless driving of the Swaraj Mazda Van. The driver of the Swaraj Mazda Van is directly responsible for the accident. Therefore, the first respondent herein as owner and second respondent herein as insurer of the offending vehicle are jointly, severally, vicariously and statutorily liable to pay compensation to the claimant. The claim petition was filed by the claimant for a sum of Rs.10,51,000/- restricted to Rs.10,00,000/- as compensation.

(3.) Before the Tribunal, on the side of the claimant, the claimant examined himself as P.W.1 and Dr.K.J.Mathiazhagan was examined as P.W.2 and ten documents were marked as Exs.P.1 to P.10. On behalf of the respondents before the Tribunal, no witness was examined and no document was marked.