M.T. MOHANASUNDARAM Vs. S. SHANMUGAM AND ANOTHER

JUDGEMENT

(1.) The appellant/claimant has preferred the present appeal against the judgment and decree dated 05.10.2005, made in M.C.O.P. No. 877 of 2002, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Namakkal.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 28.12.1999, at about 11.45 p.m., when the claimant was proceeding in the first respondent's Tempo Goods Vehicle bearing registration No. TN28 R6781, as owner of the Yarns along with others from Karur to Mallasamudram, on Vellore Paramathi Road and when the vehicle was near Maravapalayam Petrol Bunk, the driver of the vehicle drove it in a rash and negligent manner and due to which he lost control of the vehicle and the vehicle capsized. As a result, the claimant had sustained cut injuries on his nose and eyebrow and sustained injuries over his right chest, right knee and right fore arm. He was admitted at Aravind Hospital, Namakkal, wherein he received treatment from 28.12.1999 to 07.01.2000. At the time of accident, the claimant was aged 31 years and was earning Rs.5,000.00 per month. Due to the disability sustained by him in the accident, he is not able to do his work as before. Hence, the claimant had filed the claim petition against the respondents, who are the owner and insurer of the Tempo Goods Vehicle bearing registration No. TN28 R6781.