P. SATHEESH Vs. M. MUNIRAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dtd. 3/7/2008 made in M.C.O.P.No.142 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri.

(2.) The appellant is the claimant in M.C.O.P.No.142 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri. He filed the above said claim petition, claiming a sum of Rs.5,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 12/6/2004.

(3.) According to appellant, on 12/6/2004 at about 10.45 A.M., he was waiting along with his Mother Parvathy near a bus stop at K.N.Savulur Diversion Road. At that time, when the appellant went to pass his natural call, the rider of the motorcycle bearing Registration No.TN 29 F 7618 who was driving the motorcycle on the Dharmapuri to Paupparapatti Main Road, drove the same in a rash and negligent manner at a high speed, lost his control and dashed against the appellant and caused the accident. In the accident, the appellant sustained fracture of femur bone in right leg and multiple grievous injuries all over the body. Immediately after the accident, the appellant was taken to Government Hospital, Dharmapuri and admitted as inpatient for three days and subsequently, he was taken to Nallampatty Bone Setting Hospital and thereafter he was taken to KIMS Hospital and Research Centre, Bangalore and has taken treatment as inpatient from 26/7/2004 to 30/7/2004. Further, he has taken treatment till filing of the claim petition. Therefore, the appellant filed the said claim petition claiming a sum of Rs.5,00,000.00 as compensation for the injuries sustained by him against the respondents, being the owner and insurer of the motorcycle respectively.