K MUTHU Vs. C CHANDRASEKAR

JUDGEMENT

(1.) K. Muthu, the claimant, is the appellant herein.

(2.) Challenging the award exonerating the National Insurance Co. Ltd., the respondent No. 2 herein, from the liability and holding that the owner of the vehicle, the respondent No. 1 herein, alone is liable to pay the compensation of Rs. 12,500 for the injuries sustained by the claimant, as against the total claim of compensation of Rs. 50,000, this appeal has been filed before this court.

(3.) On 10.6.1988 at about 7.30 p.m., the claimant Muthu was riding on his cycle from south to north in Waltax Road on the western side of the road. When he was going opposite to Padmanabha Theatre, the autorickshaw bearing registration No. TME 1231 came from behind with a very high speed in a rash and negligent manner and hit and knocked down the claimant, as a result of which, he fell down and sustained injuries. He had a fracture in his right hand forearm. He took treatment in Government Hospital, Madras.