A.K. GOVINDAN KUTTY Vs. MEENA PATEL

JUDGEMENT

(1.) THE appellant has filed this civil miscellaneous appeal challenging the quantum of compensation awarded on 8.3.2005 passed in OP.No. 4719 of 1999 on the file of Motor Accidents Claims Tribunal, (III Judge, Small Causes Court) Chennai. The appellant/claimant has filed claim petition for compensation of Rs. 1,50,000/ - for injuries sustained by him by contending that on 7.7.1999 at about 9.15 am while the petitioner was trying to cross the T.T.K. Road, from east to west, the driver of the first respondent's car bearing Registration No. TN 01 M 2982 drove the car in rash and negligent manner at dangerous speed from north to south and dashed against the petitioner and he sustained multiple injuries all over the body and has taken treatment at Government Royapettah Hospital, Chennai and St.Isabelah Hospital, Chennai and inspite of that he suffered permanent disability and at the time of the accident, the petitioner was aged about 52 years and he was working as Superintendent and earning Rs. 5,300/ - per month + Rs. 3,700/ - as allowances and hence he claimed compensation from the respondents who are owner and insurer of the vehicle.

(2.) THE first respondent who is the owner of the vehicle remained exparte. Before the Tribunal, the second respondent -insurance company has denied the alleged accident and also denied the nature of injuries, period of treatment, disability, loss of income, validity of the vehicle records and driving licence.

(3.) THE Tribunal has considered the oral evidence of PW.1 and also Ex.P8 -copy of FIR and discussed in detail and also considering the fact that no contra evidence on the side of the respondents, has held that the accident was occurred only due to rash and negligent driving of the first respondent vehicle relying on the ruling reported in : AIR 1997 SC 1735. Further, on the side of the respondents who are owner and insurer of the vehicle have not challenged the abovesaid finding of the Tribunal by filing any appeal.