NEW INDIA ASSURANCE CO, LTD Vs. KANNAN

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 22.02.2008, made in M.C.O.P.No.75 of 2007, on the file of the Motor Accident Claims Tribunal, Additional District Court-cum-Fast Track Court No.III), Virudhachalam.

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

(3.) It was submitted that the petitioner was working as a lorry driver and earning a sum of Rs.6,000/- per month. On 22.09.2005, at about 05.00 a.m., when the petitioner and the cleaner of the lorry had parked their lorry bearing registration No.TN04 7765, on Salem-Ulundurpet Road, near M.S.Dhakka and inspecting the tyres of their lorry, another of their company's lorry had come near the place, where they were inspecting, and the driver and cleaner of that lorry had also alighted from their lorry and assisted the petitioner in checking the tyres. Whileso, the first respondent's lorry bearing registration No.TN21 M3967, driven by it's driver at a high speed and in a rash and negligent manner had dashed behind the stationed lorry and caused the accident. As a result, the petitioner and the cleaner had sustained injuries and the lorry driver had died on the spot. The petitioner was admitted at Ulundurpet Government Hospital and subsequently took treatment at Villupuram and at Pondicherry Government Hospital. Due to the accident, he is not able to walk as before and not able to drive vehicles. Hence, the petitioner had filed the claim petition against the respondents, who are the owner and insurer of the lorry bearing registration No.TN21 M3967.