VENUGOPAL Vs. M/S.SRI PAPPA CHEMICALS

JUDGEMENT

(1.) JOSEPH Francis J., This appeal is filed by the applicant in O.P.(M.V.) No.899of 2003 on the file of M.A.C.T., Attingal.

(2.) THE case of the applicant in O.P. No.899 of 2003 is briefly as follows. On 4.2.2003 at 7.00 a.m., the applicant was driving a Swaraj Mazda Mini bus bearing Reg.No.KL-01/V-2802 along Manackal-Salem national highway towards Salem in moderate speed and as per traffic rules. When the vehicle reached at Rasipuram, a Matador van bearing registration No.TN-27/T-6768 came from the opposite direction in a rash or negligent manner and dashed against the mini bus driven by the applicant. Applicant sustained severe injuries and he was immediately taken to Surya Hospital, Rasipuram, Manackal, wherein he was treated as inpatient till 6.2.2003. After discharge, he continued treatment in Medical College Hospital, Thiruvananthapuram as inpatient from 7.2.2003 till 30.5.2003. After discharge he continued as outpatient treatment there. Applicant is a driver aged 40 years earning Rs.7,000.00 per month. First respondent is the owner and 2nd respondent is the insurer of the Matador Van bearing Reg. No.TN-27/T-6768. Respondent Nos.3 to 5 are the legal representatives of the registered owner of Swaraj Mazda Mini bus bearing Reg. No.KL-01/V-2802. 6th respondent is the insurer of the said bus. The applicant claimed Rs.10,00,000.00 as compensation.

(3.) SIXTH respondent filed written statement admitting the policy of the vehicle driven by the claimant/petitioner and contended that the accident was due to the rash and negligent driving of the driver of the Matador Van and that the compensation claimed is excessive.