MURUGESAN Vs. S.KULANTHAIRAJ

JUDGEMENT

(1.) THE appellant/petitioner has preferred the present appeal in CMA(MD).No.364 of 2012, against the judgment and decree passed in M.C.O.P.No.9 of 2004, on the file of Motor Accident Claims Tribunal, Subordinate Court, Pudukkottai.

(2.) THE short facts of the case are as follows:- The petitioner has filed a claim in M.C.O.P.No.9 of 2004, claiming compensation of a sum of Rs.3,00,000.00 from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 27.07.2003, when he was proceeding on his bicycle from Ambur towards Sithampur and at about 04.30 p.m., when he was nearing othapanai, the driver of the 1st respondents Motor cycle bearing registration No.TN- 55C-5603, drove his motor cycle in a rash and negligent manner and dashed it against the bicycle. The petitioner sustained severe injuries all over his body and received treatment under an orthopaedist at Pallathupatti for one month and subsequently he had taken treatment at Pudukkottai Government Hospital on 28.08.2003, wherein a surgery was conducted on his right leg and plates were fixed to set right the fracture. Subsequently, the petitioner took treatment at Trichy Government Hospital. Hence, the petitioner, has filed the claim as against the 1st and 2nd respondents, who are the owner and insurer of the motor cycle bearing registration No.TN-55C-5603.

(3.) THE Motor Accident Claims Tribunal had framed two issues for consideration namely: (2) Due to whose negligence did the accident occur? Who is liable to pay compensation to the petitioner: (2) What, is the quantum of compensation, which the petitioner is entitled to get?