V AGORAM Vs. V SEKAR AND ORS

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree dated 23.02.2006, made in M.C.O.P.No.3722 of 2001, on the file of the Motor Accident Claims Tribunal (Additional District Court), Fast Track Court No.II, Chennai.

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

(3.) It was submitted that on 06.11.2000, at about 15.30 hours, when the claimant was travelling along with one Mr.Muralimohan, as a passenger in a Car bearing registration No.TN09 B6016, from Chennai to Vengaivasal, on Pallikaranai-Velacherry Road, the first respondent's Tipper Lorry bearing registration No.TN04 A6387, coming in the opposite direction and driven in a rash and negligent manner, dashed against the car and caused the accident. As a result, the claimant sustained grievous head injuries and the driver of the car died in the accident. the claimant was admitted at Government General Hospital, wherein primary suturing was done and he was shifted to Apollo Speciality Hospital, for further treatment and received treatment as an inpatient till 25.11.2000. Subsequently, the claimant took treatment from 05.03.2001 at Ramarau Polyclinic Chennai, wherein plastic surgery was done for correction of ectropion of the right lower eye lid and he was discharged on 08.03.2001. Due to the disability sustained in the accident, he is not able to do his work as before. Hence, he had filed the claim petition against the respondents, who are the owner and insurer of the Lorry bearing registration No.TN04 A6387.