MAHASAMY Vs. MINOR PRAKASH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the vehicle owner who is mulcted with liability of paying the compensation of Rs.1,09,590/- to the claimant who sustained injury in the motor accident caused by the appellant vehicle.

(2.) On 02.12.2007, at about 3.30 pm, the vehicle owned and driven by the appellant carrying the claimant and others, in a rash and negligen manner grazed on the electrical post, in which, the claimant sustained fracture injuries on his right brachial artery and on right cubital fossa. At the time of accident, the claimant was 9 years old and studied IV standard. The appellant herein has carried the victim along with other children to attend a political meeting. On the way, the accident has occurred. Based on the complaint given by the father of the victim, a case was registered against the appellant.

(3.) The victim boy was admitted in P.S.G Hospital, Coimbatore and a sum of Rs.1,75,000/- was spent for his medical expenses. Hence, compensation of Rs.3,00,000/- was sought before the Tribunal. The father of the victim and two others were examined in support of the claimant. P.W.1 is the defacto complainant and father of the minor claimant; P.W.2 is an eye witness to the accident and P.W.3 is the Doctor who issued Wound Certificate to the victim. Totally, nine exhibits were marked on the side of the claimant. On behalf of the Insurance Company, one witness was examined and four exhibits were marked.