GOPALAKRISHNAN Vs. K. VADIVEL

JUDGEMENT

(1.) This is an appeal by the claimant. The claimant is aggrieved by the sum of Rs.1,93,000.00 awarded by the Tribunal in and by the award dtd. 19/1/2015 in M.C.O.P.No.1387 of 2009 filed by him.

(2.) The claimant has filed the M.C.O.P.No.1387 of 2009 seeking compensation from the respondents, who are driver of the bus, owner of the bus and its insurer. According to the claimant on 2/8/2009 at about 8.30 a.m., when he was traveling as a pillion rider in the TVS Moped driven by one Gopinath, near Pandian Nagar, Thirumuruganpoondi Road, the bus bearing Registration No.TN-39-NT-2459 was driven by the 1st respondent in a rash and negligent manner and hit the two-wheeler driven by the said Gopinath. In the impact, the claimant sustained grievous injuries and admitted in Government Hospital, Tirupur and subsequently taken treatment in CMC Hospital, Coimbatore. According to the claimant, at the time of accident, he was 37 years old and working as a Packer in Thirupathi Tex, Pandian Nagar and was earning a sum of Rs.7,000.00 per month. Therefore, for the injuries he sustained in the accident, the claimant has filed the claim petition claiming a sum of Rs.5,00,000.00 as compensation.

(3.) On notice, the 3rd respondent/Insurance Company filed counter statement before the Tribunal. It is the defense of the Insurance Company that the 1st respondent had driven the mini bus in a careful manner. However, it was the driver of the TVS-50, over which the claimant was traveling as a pillion driver, driven it negligently which resulted in the accident. It is also the defense of the Insurance Company that the driver of the TVS-50 by name Gopinath did not possess a valid driving licence at the time of accident and therefore, conveniently the claimant did not implead the insurer of the TVS50 Motor vehicle. The Insurance Company also denied the various averments relating to the age, income and avocation of the claimant and prayed for dismissal of the claim petition.