CHENNIAPPAN Vs. R. SUBRAMANI

JUDGEMENT

(1.) The claimant who had suffered injury when on 10-02-2003, a goods-carrier bearing registration No.TN36-E-7754 in which he was travelling as a load man and a bus belonging to the second respondent collided on Gobi-Kunnathur Road in Erode District, has preferred this appeal seeking enhancement of compensation.

(2.) The nature of injuries suffered by the appellant were such that his right hand was amputated. Seeking compensation on various heads, the claimant approached the MACT with a claim of Rs.4,00,000/- as against which the Tribunal passed an award for Rs.1,70,250/- payable with interest @ 9% per annum. The Tribunal in its award has held that the negligence of the driver of the goods carrier has resulted in the accident. As to the liability, the fifth respondent which is the insurance company of the goods carrier has taken up a plea before the Tribunal that there is no policy cover for the claimant and that the claimant was travelling in the goods vehicle as a gratuitous passenger. The Tribunal has accepted the plea of the Insurance Company and fastened liability only on third and fourth respondents who respectively are the driver and owner of the goods carrier in question.

(3.) Before this Court, the learned counsel for the appellant argued on the need to enhance compensation as well as the need to fasten liability on the insurance company of the goods carrier in which he travelled.