T S YUSUF Vs. DORAISWAMY CHETTY

JUDGEMENT

(1.) This is an appeal by the claimant in M.V.O.P. No.268 of 1992 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Chittoor.

(2.) The case of the appellant is that when he was travelling in the lorry belonging to the first respondent and insured with the second respondent, as the owner of the goods being transported therein, it met with an accident due to the rash and negligent driving of the driver resulting in fracture and a consequent permanent partial disability to him, and so he is entitled to Rs.2,05,000/- from the respondents. In support of his case, appellant examined himself as PW1 and another witness as PW2 and marked Exs.A1 to A4. 1st respondent choose to remain ex parte before the Tribunal and in this Court. 2nd respondent, who filed a counter contesting the claim of the appellant examined one witness as RW1, but did not adduce any documentary evidence. The Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the lorry, awarded Rs.45,000/- as compensation to the appellant against the respondents, but restricted the liability of the second respondent to Rs.10,000/- in view of the evidence of RW-1 that the limit of the liability of the second respondent, as per the policy is only Rs.10,000/-. Hence this appeal by the claimant seeking enhancement of compensation.

(3.) The only point for consideration in this appeal is, to what compensation is the appellant entitled to, and against whom?