RAJAKANNU Vs. GOVINDASAMY; KOTEESWARAN; ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) The appellant herein / claimant has filed M.C.O.P.No.233 of 2007, against the respondents herein stating that when he was proceeding on the motorcycle bearing Registration No.TN-51-T-5791, on the Porayar Road, on 10.07.2007 at about 10.30 a.m., on the extreme left of the road, the 2nd respondent's lorry bearing Registration No.TN-46-E-1639, driven by its driver in a rash and negligent manner in the opposite direction, dashed against him. As a result, he had sustained grievous injuries. Hence, the claim has been levelled against the respondents before the Motor Accidents Claims Tribunal, (Additional District Court), Puducherry at Karaikal and a compensation of Rs.6,00,000/- was claimed.

(2.) The respondents 1 and 2 were set exparte. Hence, on the basis of averments raised by the petitioner, the Tribunal had framed two issues namely: (1) Whether the accident was caused due to the rash and negligent driving of the driver of the lorry bearing Registration No.TN-46-E-1639 and (2) If so, what is the quantum of compensation which the claimant is entitled to get

(3.) On the side of the claimant, three witnesses were examined including himself and 12 documents were marked as Exhibits P1 to P12 namely, Ex.P1-F.I.R; Ex.P2-Driving licence; Ex.P3-Insurance Policy; Ex.P4-Accident Inspection Report; Ex.P5-Panchayatdars Certificate; Ex.P6-Photos (6 in numbers); Ex.P7-R.C.Book of lorry; Ex.P8-Medical bills; Ex.P9-Trip sheets; Ex.P10-Disability Certificate; Ex.P11-Discharge slip; and Ex.P12-Xerox copy of case records. On the side of the respondents, no witness was examined and no document was marked. PW1 had adduced evidence that on 10.07.2007, at about 10.30 a.m., when he was proceeding on his two wheeler bearing Registration No.TN-51-T-5791, as a pillion rider and ridden by one Jeyabal and when the vehicle was proceeding on the Porayar Road, the 2nd respondent's lorry bearing Registration No.TN-46-E-1639, coming from the opposite direction, dashed against the motorcycle. As a result, he had sustained injuries on his left leg and left hip and also the flesh on his left leg had been sheared off. PW1 further stated that he was immediately taken to Government Hospital, Karaikal, wherein he was treated as an inpatient for a period of 3 days and subsequently discharged. Therefore, he had been admitted at Karaikal Medical Centre, wherein, a surgical operation has been conducted on his left leg to set right the fracture of bone and skin grafting and flesh grating was done. PW1 further stated that he was a fisherman and he was aged 54 years at the time of accident. In support of his evidence, he had marked the above listed documents.