M SARAVANAN Vs. PALLAVAN TRANSPORT CORPORATION

JUDGEMENT

(1.) CIVIL Miscellaneous Appeals filed under Article 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 17.12.1997 passed in M.A.C.T.O.P. No.2234 of 1993 on the file of the Motor Accident Claims Tribunal, (Second Court of Small Causes), Chennai.) Common Judgment: Since both the appeals on hand are arising out of a single judgment of the Motor Accident Claims Tribunal, (II Court of Small Causes), Chennai (in short "the Tribunal"), they are decided by a common judgment.

(2.) THE injured claimant before the Tribunal, aggrieved by the insufficiency of the award passed in MACTOP No.2234 of 1993, has preferred C.M.A. No.766 of 1998 seeking enhancement of compensation and the respondent before the Tribunal, viz., the Transport Corporation, aggrieved by the findings of the Tribunal in the same M.A.C.T.O.P. in respect of negligence and quantum of compensation, has preferred C.M.A. No.869 of 1998.

(3.) MR. N.M. Muthurajan, learned counsel for the injured claimant, with regard to the aspect of negligence, would contend that the injured claimant turned right in a place where there was 'U' turn and the counsel for the Transport Corporation cannot simply contend without proving that there was no 'U' turn. On the aspect of compensation, it would be his contention that the Tribunal has awarded only Rs.15,000/- towards pain and suffering as against the claim of Rs.35,000/- and a meagre sum of Rs.3,000/- towards loss of income contrary to the claim of Rs.18,000/-.