MANOHARAN Vs. PUNITHAVATHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 10.04.2013 made in M.C.O.P.No.35 of 2012 on the file of the Principal Sub Court, Principal Sub Judge (Motor Accidents Claims Tribunal), Mayiladuthurai.

(2.) The appellant is the claimant in M.C.O.P.No.35 of 2012 on the file of the Principal Sub Court, Principal Sub Judge (Motor Accidents Claims Tribunal), Mayiladuthurai. He filed the said claim petition claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident that took place on 11.06.2011.

(3.) The case of the appellant is that on 11.06.2011, while he was travelling as a load man in the first respondent's vehicle bearing Registration No.TN-51-P-4090, the vehicle was capsized into the crater near Anna Salai, Pazhayar. At the time of accident, he was aged about 43 years and working as load man and was earning Rs.12,000/- per month. In spite of treatment, the petitioner becomes permanently disabled and due to the injuries sustained in the accident, he could not lift his hand and work as before. His contention is that the driver of the said vehicle drove the vehicle rashly and negligently, as a result of which, he sustained injuries all over his body. According to the appellant/claimant, the rash and negligent driving of the driver of the vehicle bearing Registration No. TN-51-P-4090 was the cause of the accident and that since the said vehicle was insured with the second respondent-Royal Sundaram Alliance Insurance Co. Ltd., Pondicherry, the first and the second respondent are jointly and severally liable to pay compensation to him. Hence the appellant filed a petition before the Principal Sub Court, Principal Sub Judge (Motor Accidents Claims Tribunal), Mayiladuthurai, claiming a sum of Rs.10,00,000/- as compensation from the respondents.