- (1.) The appeal is filed by the claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (V Court of Small Causes), Chennai in M.C.O.P.No.4704 of 2002 for the injuries sustained by him in the road accident occurred on 23.7.2002.
(2.) The brief facts are as under: On 23.7.2002 at about 2.30 p.m, when the appellant/ claimant was riding his motor cycle bearing Regn.No.TN.22-M-1879 on Thirumangalam Road, a goods auto rickshaw bearing Regn.No.TN.01-B-0677 came from the opposite direction and dashed against the motor cycle and caused the accident in which the claimant sustained sustained grievous injuries in the fore-head, back of neck, spinal card, lips, hands and legs. A criminal case was registered in Crime No.108 of 2002 in B.5 Police Station, Thirumangalam against the driver of the auto rickshaw. After the accident, the claimant was admitted in Sridevi Hospital, Anna Nagar, Chennai, where he had taken treatment for about two weeks and in April, 2003, got admitted in Apollo 1st Med Hospital. The claimant is a Civil Contractor and was earning Rs.7,000/- per month. Alleging that the accident occurred due to rash and negligent driving of the auto rickshaw driver and claimant sustained permanent disability due to the accident and that the owner of the auto rickshaw and insurance Company are liable to pay the compensation, the injured appellant - claimant has filed the claim petition claiming compensation of Rs.34,75,000/-
(3.) Denying the manner of accident and alleging that the accident was due to the negligence of the claimant, the 2nd respondent - Insurance Company filed counter contending that the appellant - claimant has to prove his age, employment, income and injuries sustained and the permanent disability and that the auto rickshaw bearing Regn.No.TN-01-B-0677 was insured with the 2nd respondent and the claim is highly excessive.;