J U D G M E N T

The Civil Miscellaneous Appeal is filed by the claimant seeking for enhancement of compensation granted by the Tribunal in the award dated 25.01.2021 made in M.C.O.P.No.469 of 2018 on the file of Motor Accident Claims Tribunal/Sessions Judge Special Court for trial of cases under SC and ST (POA), Namakkal.

2. The parties herein are referred as per their litigative status before the claims Tribunal. The appellant is the claimant in M.C.O.P.No.469 of 2018 on the file of Motor Accident Claims Tribunal/Sessions Judge Special Court for trial of cases under SC and ST (POA), Namakkal. Chief Judicial Magistrate, Namakkal. He filed the said claim petition claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 16.03.2018.

3. The Tribunal considering the pleadings, oral and documentary evidence, held that both the driver and the appellant are responsible for the accident, fixed negligence in the ratio 50% : 50% and awarded a sum of Rs.1,15,636/- as compensation to the appellant and directed the respondent- Insurance Company to pay a sum of Rs.57,818/- towards 50% of the award amount as compensation to the appellant.

4. The facts leads to filing of this appeal is that on 16.03.2018 at about

1:30 p.m. the claimant herein was riding his two wheeler Scooty Pep bearing Reg.No.TN-54-C-9271 from Thandavarayan Street situated near Sevvapet Police Quarters towards Gundupodum Street junction near Sekar Hotel. The driver of the two wheeler Honda Dio TN-54-Q-3711 came from Government Hospital, Salem towards Apsara Down road in a rash and negligent manner and dashed against the petitioner's vehicle and caused accident. A criminal case was also registered against the driver of the two wheeler Honda Dio TN- 54-Q-3711 in Crime No.216/2018 under Sections 279 & 337 of IPC on the file of the Salem City Police Station.

5. The owner of the offending vehicle has not contested the claim and remained exparte.

6. The second respondent Insurance Company has filed a counter and disputed the manner in which the accident had taken place as alleged by the claimant. Disability, income and medical bills were also disputed. The Tribunal based on the evidence placed on record has held that the claimant has also contributed 50% of the accident. Thereafter, quantified the compensation and awarded Rs.57,818/- with interest @ 7.5%.

7. The learned counsel appearing for the appellant submitted that there is no evidence placed on record to show that the claimant has also contributed in the accident. Without any evidence and purely on assumption that the claimant was not possessing any valid driving license, the Tribunal has held that the claimant has contributed to the accident which is not sustainable. He further submitted that the compensation awarded under various heads is very meagre and prayed for enhancement of the same.

8. The learned counsel appearing for the Insurance Company submitted that there is evidence placed on record to show that the accident had happened because of collusion between two vehicles and the Tribunal has also held that the claimant was not possessing valid license to ride the two wheeler. Hence, the Tribunal has rightly concluded that there is a contributory negligence on the part of the claimant. He further contended that the compensation awarded under various heads are just compensation and there is no reason for enhancement of compensation.

9. Heard both sides and perused the materials available on record.

10. The claimant examined himself as PW1 and stated that while he was proceeding from Thandavarayan Street to Gundupodum street junction on 16.03.2018 at about 1:30 P.M. the two wheeler belonging to the 1st respondent driven by its driver suddenly entered into entered into the road from Government Hospital, Salem towards Apsara Down road in a rash and negligent manner and dashed against the claimant's vehicle. No documents or evidence were placed on record to show that the ac