ORIENTAL INSURANCE COMPANY LIMITED Vs. SALEEM

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.623 of 2012, against the judgment and decree passed in M.C.O.P.No.1261 of 2008, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Madurai.

(2.) THE petitioner, has filed the claim in M.C.O.P.No.1261 of 2008, claiming a compensation of a sum of Rs.5,00,000/- from the respondents, for the injuries sustained by him in a Motor Vehicle Accident. It was submitted that on 28.12.2006, at about 05.00 a.m., when the petitioner was travelling in the 1st respondents mini door van bearing registration No.TN-60C-8084, on the Salem to Madurai by pass road at Pasupathipalayam and proceeding to Manalmedu Market to purchase sheeps and goats, the 3rd respondents Tamil Nadu State Transport Corporation Bus bearing registration No.TN-27N-1627, coming in the opposite direction, came on to the centre of the road and dashed against the 1st respondent's bus. Both the vehicles were driven by their drivers in a rash and negligent manner and at a high speed, without following traffic rules and regulations. Due to the accident, the petitioner sustained multiple grievous injuries. The petitioner took treatment as an inpatient from 28.12.2006 to 17.01.2007. After the accident, the petitioner is not able to do his work as he used to do before. At the time of accident, the petitioner was aged 35 years and was doing the business of selling sheep and goats and earning more than Rs.7,000/- per month. Hence, the petitioner has filed the claim as against the 1st, 2nd and 3rd respondents. The 1st respondent is the owner of the said van and the 2nd respondent is its insurer and the 3rd respondent is the Tamil Nadu State Transport Corporation Limited, Salem.

(3.) THE 3rd respondent, in his counter has submitted that the bus driver drove the bus slowly by observing all the traffic rules and regulations and that the accident occurred only due to the negligence of the 1st respondent's van driver. The averments in the claim regarding age, income and occupation. Nature of injuries was also not admitted.