UNITED INDIA INSURANCE COMPANY LIMITED Vs. S. NATARAJAN

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the appeal in C.M.A.No.628 of 2007, against the judgment and decree passed in M.C.O.P.No.826 of 2002, on the file of the Motor Accident Claims Tribunal cum Additional Subordinate Judge, Dindigul.

(2.) THE petitioner has filed the claim in M.C.O.P.No.826 of 2002. claiming compensation of a sum of Rs.1,50,000/- from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 08.05.2001, when he was travelling in the 1st respondent's van, along with two other persons, namely Murugan and Marimuthu, on the Karur to Dindigul road and when the van was near the South of Katthazhapatti Junction, a Bullock Cart carrying a load of sand was going ahead of the van on the same road. At that point of time, the driver of the van, which was carrying a load of onions, drove the van at a high speed and in a rash and negligent manner, dashed the van against the Bullock Cart and caused the accident. Due to the impact, the petitioner sustained injuries and was admitted at the Amaravathi nursing home at Karur, wherein, he received treatment. At the time of accident, the petitioner was doing onion business and earning Rs.3,000/- per month. After the accident, due to the injuries sustained by him, the petitioner is not able to do his work as before. Hence, the petitioner has filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the said van involved in the accident.

(3.) IN the same accident, two other persons who were injured had also filed claims in M.C.O.P.No.827 of 2002 and M.C.O.P.No.840 of 2002. On the request made by the counsels for their respective parties through a joint memo, joint trial was conducted and common evidence was recorded and common judgment was passed.