SHANMUGAVADIVEL Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 23.03.2010 made in M.C.O.P.No.285 of 2007 on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Mayiladuthurai.

(2.) The appellant is the claimant in M.C.O.P.No.285 of 2007 on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Mayiladuthurai. He filed the said claim petition, claiming a sum of Rs.7,00,000/- as compensation for the injuries sustained by him in the accident that took place on 06.05.2007.

(3.) According to the appellant, on 06.05.2007 at about 10.00 A.M., while he was returning in his motorcycle bearing Registration No.TN 51 T 5283 along with one Rajasekaran as pillion rider on Memathur - Nalladai road, after loading the trees in a vehilce towards Memathur, near one Gunasekaran house, the driver of the car belonging to the 1st respondent, who was coming behind the appellant, drove the same in a rash and negligent manner and dashed on the appellant and caused the accident. In the accident, the appellant and pillion rider of the motorcycle were thrown out of the motorcycle and the appellant sustained multiple grievous injuries all over his body. The people who were near the place of accident, took the appellant to Krishna Hospital, Mayiladuthurai and admitted him as in-patient. At the time of accident, the appellant was aged 50 years and was doing Firewood and Timber Business and was earning a sum of Rs.12,000/- per month. Due to the injuries sustained by him in the accident, the appellant could not continue his work as he was doing earlier. Therefore, he filed the said claim petition, claiming a sum of Rs.7,00,000/- as compensation for the injuries sustained by him against the respondents 1 to 4, being the owner and insurer of the car and motorcycle respectively.