MANAGING DIRECTOR Vs. MAHESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed as against the Award and Decree, dated 22.10.2010 made in M.C.O.P.No.305 of 2007 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court) Tenkasi, by the Appellant Tamil Nadu State Transport Corporation.

(2.) The respondent / claimant filed a claim petition for compensation of Rs.15,00,000/- for the injuries sustained by him in a motor accident and in the claim petition it is stated that on 06.07.2007 while the injured minor claimant and his father travelled in the appellant / respondent Corporation bus bearing Reg.No.TN-72-N-0910 from Tirunelveli to Tenkasi and due to rash and negligent driving of the driver of the bus, the bus dashed against the another stationed lorry bearing Reg.No.TN-1022 and in the above said accident, the claimant sustained grievous injuries and the claimant was admitted in the Sakthi Hospital at Tirunelveli and taking treatment as inpatient from 06.07.2007 to 07.08.2007. At the time of accident, the injured was aged about 17 years and he was a student and also selling milk and he was agriculturist and earned Rs.3000/- per month and due to the injuries, he sustained permanent disability and therefore, he claimed compensation of Rs.15,00,000/- for the above said injuries.

(3.) The appellant / respondent filed a counter in which denied the manner of accident alleged in the claim petition and stated that the injured himself was responsible for the accident and therefore, the respondent is not liable to pay compensation. Further, the claimant sustained only simple injuries and the claimant should prove the manner of the accident as alleged in the claim petition, age, injuries, treatment, expenses, permanent disability etc., and further the claim of compensation on various heads are highly excessive and the claimant is entitled to only 5.75% interest per annum.