SATHASIVAM Vs. SHANMUGAM AND ORS

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree dated 20.12.2005, made in M.C.O.P.No.796 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.V, Tiruvallur.

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

(3.) It was submitted that on 06.05.2003, when the claimant was riding on a Hero Honda Motorcycle bearing registration No.TN20 K2031, along with one Mani, from Tiruttani to Thiruvallur and at about 04.30 p.m., when the vehicle was proceeding on the extreme left of the road near Pattaraiperumbudur Bus Stop, the first respondent's van bearing registration No.TN23 X7277, coming from Thiruvallur towards Tiruttani and driven at a high speed and in a rash and negligent manner, dashed against one Jayapalan, who was waiting in the bus stop and subsequently dashed against the motorcycle. As a result, the said Jayapalan, Mani and the claimant sustained grievous injuries. He was admitted at Sri Ramachandra Hospital, Porur, Chennai and received treatment as an inpatient from 06.05.2003 to 30.05.2003 and subsequently received treatment at the same hospital on 25.06.2003. Subsequently, he took treatment at Bone and Joint Clinic, Anna Nagar, Chennai, from 25.06.2003 to 18.07.2003 and from 11.08.2003 to 27.08.2003 and from 08.09.2003 to 26.09.2003 as an inpatient. At the time of accident, the claimant was aged 48 years and was running a groundnut and paddy business and earning Rs.15,000/- per month. Due to the disability sustained 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 van bearing registration No.TN23 X7277.