- (1.) This appeal is preferred by the Appellant-claimant against the judgment and Decree dated 26.06.2001 made in M.A.C.T.O.P. No. 7 of 2001 on the file of the Motor Accidents Claim Tribunal, the Principal Sub Court, Nagercoil.
(2.) Background facts in a nutshell are as follows: The injured-Selvaraj met with motor traffic accident on 21.01.1998 at about 10.00a.m. The said injured was riding his Hero Honda bike bearing Registration No. TN-74-A-2335 with a pillion rider in the Nagercoil-Tirunelveli Highways Road, from South to North direction. When he was proceeding near Asirvatham Petrol Bunk, a lorry belonging to the second Respondent bearing Registration No. KL-7-C-2975 came from the opposite direction (i.e)from North to South direction in a rash and negligent manner and also at high speed and hit the Hero Honda bike. Due to the said impact, the injured-claimant as well as the pillion rider were thrown out of the bike and sustained grievous injuries all over the body. The injured claimant claimed a compensation of Rs. 3,00,000/- before the Tribunal. The said lorry was insured with the third Respondent/Insurance Company herein, who resisted the claim. On pleadings, the Tribunal framed the following issues: 1. Whether the accident had occurred due to the rash and negligent driving of the rider of the Hero Honda bike or the driver of the lorry belonging to the second Respondent 2. Whether the claimant is entitled for compensation if so how much from whom
(3.) What is the rate of interest for the compensation entitled to the claimant After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the lorry and awarded a compensation of Rs. 87,745/-with interest at 9% per annum from the date of petition. The details of the compensation are as under: JUDGEMENT_460_LAWS(MAD)10_2010_1.html;