R THAMBI Vs. R ARUMUGHAM

JUDGEMENT

(1.) THIS appeal is preferred by the claimant against the Judgment and Decree dated 22.03.2004 made in M.C.O.P.No.1120 of 2002 on the file of the Motor Accident Claims Tribunal, (Principal Sub-Court) Erode.

(2.) BACKGROUND facts in nutshell are as follows: The injured-R.Thambi met with an accident on 26.6.2002 at about 5.00 p.m. He was travelling in Motor Cycle bearing Registration No.TN 37 T 0639 as pillion rider along with one Krishnan, who is the rider on Kavundapadi - Erode main road. While he was nearing Selvanagar near Chettipalayam, a Bus belonging to the second respondent State Transport Corporation bearing Registration No.TN 33/N 0 1214, which came from opposite direction, driven by its driver in a rash and negligent manner and hit the Motor Cycle. Due to which, the claimant sustained grievous injuries, immediately he was admitted in the Government Hospital, Erode. Hence, the claimant filed a claim petition before the Motor Accident Claims Tribunal claiming compensation of Rs.7,25,000/- and restricted his claim to Rs.5,00,000/-. On pleadings the Tribunal framed the following issues: i) Whether the accident had occurred due to the rash and negligent driving of the first respondent-driver of the bus? ii) Whether the claimant is entitled to get any compensation? If so, what is the amount? After considering the oral and documentary evidence, the Tribunal awarded a compensation of Rs.1,90,000/- with interest at the rate of 9% per annum from the date of petition and the details of the same are as follows: Medical Expenses Rs.1,00,000/- Pain and Sufferings Rs. 15,000/- Permanent disability at30% Rs. 50,000/- Transportation Rs. 10,000/- Loss of Income during during the treatment period Rs. 15,000/- -------------------- Total Rs.1,90,000/- -------------------- Aggrieved by the award passed by the Claims Tribunal, the claimant has filed the present appeal before this Court for enhancement of compensation.

(3.) HEARD the learned counsel appearing for both sides and perused the documents on records. On the side of the claimant, the claimant was examined as P.W.1 and Dr.S.Natesan was examined as P.W.2 and Exs.P.1 to P.18 were marked. Ex.P.1 is a copy of the First Information Report, Ex.P.2 is a copy of the Observation Mahazer, Ex.P.3 is a copy of the Rough sketch, Exs.P.4 and P.5 are the copies of the Motor Vehicle Inspector's Reports, Ex.P.6 is a copy of the Wound Certificate, Ex.P.7 is a copy of the Charge Sheet, Ex.P.8 is the Hospital Inpatient Card, Ex.P.9 is the Hospital Bills, Ex.P.10 is the Doctor Receipts, Ex.P.11 is the Medical Bills, Ex.P.12 is the X-ray, Ex.P.13 is the Permanent Disability Certificate, Ex.P.14 is the X-Ray, Ex.P.15 is the Admission Card, Ex.P.16 are the certificates, Ex.P.17 is Annual Accounts Report and Ex.P.18 is Photos and Negatives. On the side of the respondents, the first respondent-R.Arumugham, the driver of the bus belonging to the second respondent's Corporation has been examined as R.W.1 and Exs.R.1 Post Mortem Certificate and R.2 Doctor's Report have been marked. After considering the oral and documentary evidence, the Tribunal has made a categorical finding in allowing the petition that the accident occurred only due to the rash and negligent driving of the first respondent driver of the bus belonging to the second respondent Corporation.