N K PONNAIAN Vs. KANNAGI

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / claimant against the award and decree made in M.C.O.P.No.3519 of 2006, dated 27.03.2010 on the file of Motor Accidents Claims Tribunal, V Judge of Small Causes Court, Chennai.

(2.) THE short facts of the case are as follows: - On 21.02.2005, at 3.00 p.m., when the petitioner was proceeding on his motorcycle bearing Registration No.TN20 -T -0183, with his father as pillion rider, from Pattumadaiyur Kuppam to Vanagaram near the old Collector's office in Tiruvallur, the tata sumo bearing Registration No.TN31 -B -9300, which was driven by its driver in a rash and negligent manner, dashed against the petitioner's vehicle. The petitioner was thrown out and sustained multiple fractures in the right leg, injuries on the head and face. He was initially admitted in Government Hospital, Tiruvallur and subsequently received treatment at Sundaram Clinic, Poonamalle and Soundarapandian Bone and Joint Clinic. During treatment his leg was amputated and grafting was done on the left leg. He is not able to attend work. Hence, the petitioner has claimed a compensation of Rs.20,00,000/ - from the respondents. The first respondent is the owner, the second respondent is the driver and the third respondent is the insurer of the Tata sumo vehicle bearing Registration No.TN31 -B -9300.

(3.) ON the averments of both parties, the Tribunal had framed four issues for consideration, namely;