CHOLAMANDALAM MS GENERAL INS. CO. Vs. T.GANESAN

JUDGEMENT

(1.) The issue involved in the above appeal is whether the petitioner who had travelled as an unauthorized passenger in a goods vehicle can claim compensation from the owner of the vehicle in which he has travelled for the injuries sustained by him in the accident that had occurred while the petitioner was so traveling. The facts, in brief, are as follows. The parties herein below are referred to as the same ranking as before the Lower Court (Sub Court).

(2.) The petitioner/claimant would submit that he is a 22 year old power loom mechanic earning a monthly income of Rs.7,500.00. On 20/9/2012 he and his four friends had travelled in a Tata Ace vehicle bearing registration no. TN 52 B 9331 belonging to the 1st respondent and insured with the 2nd respondent, for visiting a temple. In the claim petition the said claimant would state that he had visited the Kalwadangam Temple. After taking a bath in the river Cauvery and worshiping at the temple he was returning in the Tata Ace vehicle bearing registration No.TN 52 B 9331. The vehicle was driven by the driver in a rash and negligent manner and in high speed. The said vehicle was proceeding from west to east on the Kalvadangam to Edapedi main road. The driver who was driving the vehicle rashly and negligently and at an uncontrollable speed applied a sudden brake as a result of which the vehicle had skidded on the left side of the main road and resulted in the accident. On account of the accident the petitioner was seriously injured in his right elbow, left shoulder, right ankle and right foot etc. He was immediately admitted in the Edapadi Government Hospital and since there was a fracture he was taken to the Neurotech Foundation at Salem and admitted there.

(3.) The petitioner/claimant would submit that he had taken treatment from 23/9/2012 till 5/10/2012 as an inpatient and had expended a sum of over Rs.1,00,000.00. By reason of the accident he was unable to walk, sit, lift weight etc. He would submit that the accident had occurred only on account of the rash and negligent driving by the driver of the Tata Ace and, he has to be compensated with a sum of Rs.2,00,000.00.