MURUGESAN Vs. ANBARASU

JUDGEMENT

(1.) THE appellant/petitioner has preferred the present appeal in CMA(MD).No.1033 of 2005, against judgment and decree passed in M.C.O.P.No.590 of 2003, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Karur.

(2.) THE short facts of the case are as follows:- The petitioner has filed a claim in M.C.O.P.No.590 of 2003, claiming a compensation of Rs.5,00,000.00 from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 08.03.2003, at about 01.30 p.m., when the petitioner was travelling as a pillion rider in the motor cycle bearing registration No.TN-47J-3151, from west toward east and ridden by his friend Ramakrishnan, on the left side of Jegathabi road, Karur and when they were nearing one Thampatti road junction, the respondents Tata 407 van bearing registration No.TN-47F-3810, had driven by its driver at a high speed and in a rash and negligent manner and coming from behind the motorcycle dashed against the motorcycle and caused the accident. In the impact, the petitioner was thrown out of the motorcycle and sustained head injuries. He was initially admitted at Karur Amaravathi Hospital and subsequently took treatment at Coimbatore medical centre, wherein he received treatment. He spent a sum of Rs.2,50,000.00 towards medical treatment. The petitioner was working as a Senior driver in the TNSTC and earning Rs.10,000.00 per month. Presently, he is not able to do any work. Hence, the petitioner has filed the claim as against the 1st and 2nd respondents, who are the owner and insurer of the said van bearing registration No.TN-47F-3810.

(3.) THE Motor Accident Claims Tribunal framed three issues for consideration in the case namely: (1) Was the accident caused by the rash and negligent driving by the driver of the van bearing registration No.TN-47F-3810?; (2) Is the petitioner entitled to receive compensation?, If so, what is the quantum?: (3) To what other relief is the entitled to get?.