KAVIN Vs. P. SREEMANI DEVI

JUDGEMENT

(1.) The appellant-claimant is aggrieved by the judgment of the Division Bench of the Madras High Court in C.M.A. Nos.902 of 2020 and 677 of 2021 as a result of which the amount of compensation that was awarded to the claimant by the Motor Accidents Claims Tribunal came to be reduced.

(2.) It is the case of the claimant that on 3/7/2011, he was travelling in an Omni bus bearing registration No.KA 20A 6604 as a passenger from Coimbatore to Chennai. There were 22 co-passengers travelling with him. At about 10:15 PM, the said bus that was being driven by one Mr. Balaji gave a dash to a tamarind tree that was at the left side of the road. As a result of the said accident, various passengers suffered grievous injuries. Insofar as the claimant is concerned, he too suffered serious injuries resulting in 100% permanent disability. He was required to undergo treatment for a considerable period of time. When the accident occurred, the claimant was aged about 21 years and was pursuing the degree course in Arts. In view of the aforesaid accident, the claimant filed M.C.O.P. No.962 of 2011 seeking compensation of an amount of Rs.1.00 crore under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988').

(3.) Along with the aforesaid claim petition, various other claim petitions were filed by other injured passengers who were travelling in the said Omni bus. All the claim petitions were tried together. After considering the affidavits filed by the contesting respondents as well as the evidence led by the parties, the learned Member of the Claims Tribunal held that the offending vehicle was owned by the second respondent. The said vehicle was insured with the third respondentinsurance company. It was also held that the accident occurred on account of rash and negligent driving of the first respondent. On these findings, the liability of paying compensation was saddled on the insurance company. While determining the amount of compensation to be awarded to the claimant, the Claims Tribunal noted that the claimant had suffered 100% permanent physical disability. On the basis of documentary material on record, it granted compensation under various heads including medical expenses, future prospects, loss of income, future medical expenses, attendant charges as well as towards pain and suffering of family members. An amount of Rs.67,83,866.00 came to be awarded as compensation to the claimant.