MUNIAPPAN Vs. M D K THAMBIDURAI

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / claimant, against the award and decree dated 19.08.1999 made in M.C.O.P.No.130 of 1997 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Hosur.

(2.) THE short facts of the case are as follows:- On 22.05.1997, the petitioner was travelling in a tempo, loaded with tomato goods, bearing Registration No.TN-29-8233 from Royakottai to Pallakodu and at that point of time, a lorry bearing Registration No.KRN-5145 came in the opposite direction and dashed against the tempo. In the result, the petitioner had sustained grievous injuries on his right leg and right hand finger. Hence, the above claim petition has been filed against the respondents and a compensation of Rs.2,00,000/- has been claimed.

(3.) ON pleading of both parties, the Tribunal had framed two issues for consideration, viz.,:-