BRANCH MANAGER, MADURAI DISTRICT Vs. V.N. THIRUMALAISAMY

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the appeal in C.M.A.No.1006 of 2008, against the judgment and decree passed in M.C.O.P.No.526 of 2004, on the file of the Motor Accident Claims Tribunal, 3rd Additional Subordinate Court, Madurai.

(2.) THE petitioner has filed a claim in M.C.O.P.No.562 of 2004, claiming compensation of Rs.1,50,000/- from the respondents for the injuries sustained by him in a motor vehicle accident. It was submitted that on 16.10.2003, when the petitioner and his son-in-law were in the extreme end of the north-south road after crossing the north-south road, i.e., Madurai to Virudhunagar main road from western side, the 1st respondents vehicle bearing registration No.TN-58H-4430, driven by its driver at a high speed and in a rash and negligent manner, without sounding horn and without giving any indication and coming on the same road from south towards north, dashed against the petitioner and caused the accident. The petitioner sustained severe injuries and was initially admitted at Thirumangalam Government Hospital, wherein first aid was given and subsequently was admitted at Madurai Rajaji Government Hospital, wherein he received treatment, as an inpatient, from 16.10.2003 to 04.11.2003. On 23.10.2003 a surgery was conducted. At the time of accident, the petitioner was working as an accountant at Mahalakshmi Agencies, Thirumangalam. Due to injuries sustained in the accident, the petitioner has sustained permanent disability. Hence, the petitioner has filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the vehicle bearing registration No.TN-58H-4430.

(3.) THE Motor Accident Claims Tribunal had framed four issues for consideration in the case namely: (1) Was the accident caused due to the rash and negligent driving by the driver of the 1st respondent's vehicle?; (2) Who is liable to pay compensation to the petitioner?; (3) What is the quantum of compensation, which is the petitioner is entitled to get?; (4) To what other relief is the petitioner entitled to get?.