NEW INDIA ASSURANCE COMPANY LTD Vs. K ETHIRAJ

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/third respondent against the Award and Decree, dated 01.11.2004, made in M.C.O.P.No.956 of 1999, on the file of the Motor Accident Claims Tribunal, District Judge, III Fast Track Court, Chennai, awarding a compensation of Rs.2,43,480/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/third respondent, the New India Assurance Company Ltd., has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 22.03.1998, at about 11 a.m. while the petitioner was driving the bus bearing registration No.TML 1709, from Parrys to Villivakkam and when the bus was near Villivakkam Railway Gate at 200 feet road, near Rajamangalam Police Station, the petitioner was waiting for turning the bus to the right side, a lorry bearing registration No.TN03 H1705 coming along side on the right side of the bus overtook the bus and caused damage to the bus. As a result of this, rash and negligent driving of the driver of the said lorry, the petitioner sustained multiple bone fractures and injuries and was initially admitted at the Kilpauk Government Medical College and Hospital, Chennai-10 and subsequently was given medical treatment at Dr.Ambedkar Transport Corporation Health Centre. He had taken medical treatment at these hospitals from 22.03.1998 to 24.04.1998. As a result of the accident, the petitioner is unable to drive the vehicle and is also unable to walk. As the first and second respondents are the owners of the lorry bearing registration No.TN03 H1705 and as the said lorry has been insured with the third respondent, at the time of the accident, all the respondents are liable to pay compensation to the petitioner. The petitioner has claimed a compensation of Rs.3,00,000/- from the respondents with interest and costs under Section 166(A) of Motor Vehicle Act.