NEW INDIA ASSURANCE COMPANY LIMITED Vs. S.MUTHURAJ

JUDGEMENT

(1.) THE appellant/3rd respondent has preferred the present appeal in C.M.A.No.357 of 2005, against the judgment and decree passed in M.C.O.P.No.1133 of 1996, on the file of the Motor Accident Claims Tribunal, IV Additional Subordinate Judge, Madurai.

(2.) THE short facts of the case are as follows: On 04.02.1995, at about 11.00 p.m., when the petitioner and six other workers were travelling in the 1st respondents Ambassador Car bearing registration No.TN-59Z-3242, from Karaikudi to Madurai and when the car was nearing Munikovil at Surakkatu Village, on the Melur-Madurai main road, the driver of the car drove the car at high speed and in a rash and negligent manner, as a result of which, he lost control and dashed the against a tamarind tree at the corner of the road. In the result, the petitioner and some others sustained injuries. The petitioner was admitted as inpatient, in the Jawahar Medical Hospital and received treatment for one month. Due to the injuries sustained by him, surgery was conducted on the right leg of the petitioner. At the time of the accident, the petitioner was working as a Mason. After the accident, the petitioner is not able do any work. The petitioner has incurred medical expenses of Rs.28,300.00. Hence, the petitioner has claimed compensation of Rs.2,00,000.00 from the respondents.

(3.) THE 3rd respondent in his counter has denied the allegations that the petitioner had travelled in the 1st respondents car and that the said car was involved in the accident. It was stated that as per the policy conditions, the said car cannot be used for commercial purposes. The allegations regarding age, income, occupation, nature of injuries, medical expenses, period of medical treatment were also not admitted. It was stated that the claim was excessive.