T.N.S.SALEEM Vs. RANGANATHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant [claimant], challenging the award dated 21.08.2009 passed in M.A.C.T.O.P.No.22 of 2003 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Court), Thiruvannamalai.

(2.) For the sake of convenience, hereinafter the parties are referred to as per their litigative status before the Tribunal.

(3.) It is a case of injury. The case of the claimant before the Claims Tribunal is that on 26.11.2001 at about 10.45 hours, when the claimant was walking on the Tiruvannamalai to Manalurpet Road, an Auto bearing Registration No.TN~01~J~2400, driven by its driver in a rash and negligent manner and dashed against the claimant. Due to the said accident, the claimant sustained severe multiple injuries and he had taken treatment in the Government Hospital, Tiruvannmalai. For the said accident a case has been registered under Sections 279 and 338 of I.P.C., against the driver of the Auto, in Crime No.1395 of 2001. The claimant took prolonged medical treatment in various hospitals by spending huge amounts. Prior to the accident, the claimant was working as an employee in a Vedio Cassetee shop and earning a sum of Rs.3,000/~ per month. Due to the accident, now the claimant could not attend the work, accordingly, he filed a claim petition, claiming a sum of Rs.1,00,000/~ as a compensation towards the injuries sustained by him.