M. AKBAR ALI Vs. M. DURAILINGAM

JUDGEMENT

(1.) On 11/01/2011 at about 4:30 PM while the claimant Akbar Ali was crossing the ECR road opposite to University Nagar, Palavakkam, he was hit by a van bearing registration number TN 22 AY 1031 which came rash and negligently. In the said accident, Akbar Ali sustained head injury, fracture of right wrist, fracture of right ankle and multiple injuries all over the body. For the injury sustained, a sum of Rs.2 lakhs was sought as compensation under Section 163 A of the Motor Vehicles Act, 1988.

(2.) The insurance company filed a counter stating that the driver of the offending vehicle had no valid licence to drive goods vehicle. The vehicle was not driven rash and negligently. The accident has occurred only due to the fault of the petitioner. The claim of Rs.2 lakhs as compensation is fanciful, exaggerated and arbitrary. The claimant has not suffered any permanent disability. He was only 16 years old and there is no proof for his earning capacity or income.

(3.) Before the Tribunal, two witnesses were examined on the side of the claimant. The mother of the victim and Doctor Thyagarajan were examined as PW-1 and PW-2 respectively. Through them 10 exhibits were marked. The Tribunal after considering the evidence found that the claimant has sustained only simple injuries and not entitled for any compensation under Section 163 A of the Motor Vehicles Act. Having held so, the Tribunal suo moto converted the petition under Section 166 of the Motor Vehicles Act. Considering the First Information Report, the rough sketch and the deposition of PW-1, held that the accident caused due to the negligence of the offending vehicle. Considering the injury sustained, the Tribunal granted Rs.30,000 towards compensation for the extra nourishment, pain and suffering, loss of amenities. It held the owner of the vehicle and the insurer jointly and severally liable to pay the compensation to the injured claimant with interest at the rate of 7.5% per annum from the date of numbering the petition to the date of deposit.