S SHANKAR Vs. S MANAVALAN

JUDGEMENT

(1.) 1. This appeal arises against the judgment and decree dated 28.03.2006 made in M.A.C.T.O.P.No.3190 of 2004 on the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

(2.) CLAIMANT is the appellant and the brief facts of the case are as follows: On 28.02.2004 at about 17.30 hours, when the appellant/claimant, tailor by profession, was proceeding in his motorcycle bearing Registration No.TN 01 E 3320 in East Coast Road from south to north, near Vettuvankeni, the tipper lorry bearing Registration No.TN 10 B 9090 driven by its driver in a rash and negligent manner, came from opposite direction and hit against the claimant, as a result of which, the claimant's vehicle dashed against another motor cycle and the lorry finally dashed against the shop. In the accident, the claimant sustained multifarious fractures and injuries all over the body. The claimant was initially admitted to Malar Hospital, Adyar, Chennai and thereafter he was shifted to Government General Hospital, Chennai. A criminal case was registered in Crime No.116 of 2004 on the file of Neelankarai Police Station. Stating that due to the accident, he has suffered permanent and partial disability, sustained loss of earning power and spent huge amounts towards medical expenses, the claimant has filed a claim petition, claiming compensation of Rs.46,00,000/-.

(3.) THE Tribunal taking into consideration the evidence let in by both parties, came to the conclusion that the driver of the first respondent driven the vehicle in a rash and negligent manner and as the driver has also accepted the offence and paid the fine, the entire liability would rest on the lorry owner. Taking into consideration the disability suffered by the claimant, the Tribunal has awarded compensation of Rs.8,53,537/- as under: Loss of income..Rs.4,32,000.00 (Rs.2,000/- x 12 x 18) Transport charges..Rs. 30,000.00 Extra nourishment..Rs. 50,000.00 Damages to clothing..Rs. 1,000.00 Attendant charges..Rs. 30,000.00 Past medical expenses..Rs. 2,10,537.00 Pain and suffering..Rs. 50,000.00 Loss of amenities..Rs. 50,000.00 = = = = = = = = Total..Rs. 8,53,537.00 = = = = = = = =