C P KRISHNAN Vs. K GOKULAN

JUDGEMENT

(1.) THIS Appeal is preferred against the Award and Decree dated 6.10.2004 in M.C.O.P.No.281 of 2000 by the Motor Accidents Claims Tribunal, Additional District Judge, Dharmapuri.

(2.) THE Respondent/Petitioner has filed a claim petition before the Tribunal against the appellants, claiming compensation for a sum of Rs.1,00,000/- for injuries sustained by him in an accident occurred on 24.4.1999 due to the rash and negligent driving of the vehicle by the driver of the first appellant.

(3.) BEFORE the Tribunal on the side of the Petitioner, injured Petitioner alone was examined as P.W.1 and marked five documents as Exs. P1 to P5. On the side of the Respondents no witness has been examined and no document has been marked. On consideration of oral evidence of P.W.1 and the documents Exs.P1 to P5 marked on the side of the Petitioner, the Tribunal has held that the accident was occurred only due to the negligent driving of the vehicle by the driver of the first Respondent/1st appellant and further held that both the appellants/Respondents who are the owner of the vehicle and the insurer of the vehicle are liable to pay compensation to the Petitioner/Respondent. In so far as the quantum of compensation, the Tribunal has passed the Award for pain and sufferings a sum of Rs.20,000/-, transportation Rs.3,000/-, Medical Expenses Rs.17,000/- for nature of injuries Rs.20,000/- and totally awarded Rs.60,000/-.