K JAYARAMAN Vs. R KAMALANATHAN

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/petitioner against the Award and Decree, dated 19.09.2007, made in M.C.O.P.No.3079 of 1998, on the file of the Motor Accident Claims Tribunal, V-Fast Track Court, Chennai, awarding a compensation of Rs.57,500/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation, excluding the period in which the petition was dismissed for default.

(2.) Aggrieved by the said Award and Decree, the appellant/petitioner, K.Jayaraman, has filed the above appeal praying to enhanced compensation.

(3.) The short facts of the case are as follows: On 23.07.1997, at about 3.30 p.m. when the petitioner was standing on the right side of the Mettupalayam road and was engaged in transferring Brick Mud to Chamber, the driver of the lorry bearing registration No.TN02 Z1410, drove the lorry from west to east on the road, in a rash and negligent manner, without any care or caution and hit the petitioner, who consequently fell down and was caught in between the right back wheel tyres. He sustained multiple and grievous injuries leading to partial and permanent disability. The driver of the said lorry is solely responsible for the accident; and the petitioner is in no way responsible for the accident.