KRISHNAN Vs. ELANGOVAN

JUDGEMENT

(1.) THE appellant/petitioner has preferred the present appeal in CMA(MD).No.1254 of 2009, against the judgment and decree passed in M.C.O.P.No.31 of 2008, on the file of the motor accident claims Tribunal, Subordinate Judge, Devakottai.

(2.) THE short facts of the case are as follows:- The petitioner has filed a claim in M.C.O.P.No.31 of 2008, 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 07.02.2009, at about 01.00 p.m., in the afternoon, when the petitioner was returning from Thiruvadanai in his Hero Honda Splendour motor cycle bearing registration No.TN- 63E-0563 and proceeding on the left side of the road near Karkalathur bus stop, he had seen the respondent's tractor bearing registration No.TN-63E-8205, coming from behind him and driven by its driver at a high speed and in a rash and negligent manner. On seeing this, the petitioner had taken his motorcycle off the road but inspite of this, the tractor dashed against the motorcycle. The petitioner was thrown out of his motorcycle and the left front tyres of the tractor had run over the hip and shoulder of the petitioner. The petitioner sustained severe injuries all over his body and was initially admitted at Devakottai Government hospital and subsequently took treatment under Dr.Salim at his hospital at Karaikudi. The petitioner was doing agricultural work and also a vendor of milk and was earning Rs.5,000.00 per month. After, the accident the petitioner is not able to do his work as before. Hence, the petitioner has claimed a communisation from the 1st and 2nd respondents, who are the owner and insurer of the said tractor involved in the accident.

(3.) THE Motor Accident Claims Tribunal had framed three issued for consideration in the case namely: (1) Due to whose negligence was the accident caused?; (2) Are the respondents liable to pay compensation to the petitioner?: (3) Is the petitioner entitled to receive compensation?