DISTRICT COLLECTOR Vs. PERIYASAMY

JUDGEMENT

(1.) This appeal is preferred as against the award and decree dated 3.5.2002 in MCOP No.412 of 2001 on the file of the Sub Judge, Motor Accident Claims Tribunal, Namakkal. The first respondent in the above said OP is the appellant herein.

(2.) The first respondent herein, who is the petitioner in the above said OP, has filed the claim petition by claiming a compensation of Rs.5,00,000/- for the injuries sustained by him in the motor accident occurred on 15.3.2001.

(3.) Briefly, the case of the first respondent/claimant is that on 15.3.2001 at about 5.30 P.M., while the petitioner was riding his TVS 50 along with his wife near Kalangani Bus Stop on the Namakkal to Salem Main Road, the driver of the ambassador car bearing Registration No.TDU 2617, namely the second respondent in the said OP, drove the same without observing the road traffic rules, in a rash and negligent manner and without making any horn, dashed against the petitioner's vehicle TVS 50 and the petitioner sustained multiple grievous injuries all over the body including several fractures on his right and left hip and left leg and he was taking treatment in the Government Hospital, Namakkal and then at Gokulam Hospital, Salem and at Sri Nidhi Hospital, Namakkal and the petitioner was under treatment till the filing of the petition as inpatient and the petitioner has sustained permanent disablement. It is further stated that at the time of accident, the age of the petitioner was 41 years and he was Driller and earned Rs.5,000/- per month and the accident has occurred only due to the rash and negligent driving of the driver of the ambassador car and he claimed a compensation of Rs.5 lakhs and the first respondent, who is the owner of the vehicle, and the second respondent, who is the driver of the vehicle, are liable to pay the same.