NATARAJAN Vs. RAMALINGAM

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award and decree dated 31.07.2000 made in M.C.O.P.No.1059 of 1996 on the file of the II Additional District Judge / Motor Accident Claims Tribunal, Erode, awarding a compensation of Rs.29,000/- with interest at the rate of 12% per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) THE short facts of the case are as follows: On 12.01.1995 at about 8.20 p.m., while the petitioner was riding his Loona moped bearing Registration No.TDQ 4290 from Erode to Chinnayampalayam and when the petitioner was nearing Solar Pirivu bus stop, the first respondent drove the bus bearing Registration No.TN47-A-5676, in the opposite direction, in a rash and negligent manner and dashed against the petitioner's Loona moped. Due to the said accident, the petitioner became unconscious. His forehead, left ear, right thumb, right & left leg, thigh and right shoulders and left side of head were injured. THEn the petitioner was immediately admitted in Government Head Quarters Hospital, Erode. He was in a state of coma for six months. He is still undergoing treatment in a private Hospital. Hence, the petitioner has filed this Claim Petition, claiming a compensation of Rs.2,50,000/- with interest from the respondents. THE first respondent is the driver of the bus, the second respondent is its owner and the third respondent is its insurer.

(3.) ON the side of the petitioner, the petitioner was examined as P.W.1, the Doctor who gave disability certificate was examined as P.W.2 and fourteen documents were marked as Exs.P-1 to P14. viz., Ex.P1-First Information Report, Ex.P2-Observation Mahazar, Ex.P3-Rough sketch, Exs.P4 and P5-Motor Vehicle Inspector's Report, Ex.P6-Charge Sheet, Ex.P7-Judgment copy, Ex.P8-Accident Register, Ex.P9-Hospital Admission Chit, Ex.P10-Employment Proof, Ex.P11-Medical bill series, Ex.P12-Scan report, Ex.P13-X-ray and Ex.P14-Disability Certificate. ON the side of the respondents, no one was examined and no document was marked.