S. GIRIDHARAN Vs. D. PALANI

JUDGEMENT

(1.) FEELING aggrieved by apportionment of 50% liability upon the Appellant -Claimant and also the quantum of compensation awarded in M.C.O.P.No.138 of 2007 dt. 6.10.2009 on the file of Motor Accident Claims Tribunal (Additional District Judge), Karaikal, Appellant -Claimant has filed this appeal.

(2.) BRIEF facts are that on 16.11.2006 at 17.45 hours, Claimant was driving Maruthi WagonR car bearing registration No.PY -02 B 7034 on Pondy -Cuddalore ECR road. When the car was nearing Marine Academy Training Centre at Peria Kattupalayam, the Eicher mini lorry bearing registration No.TN -32 C 2476 driven by the 1st Respondent, owned by the 2nd Respondent, insured with 3rd Respondent -Insurance Company in the opposite direction in a rash and negligence manner from south to north and dashed the Maruthi WagonR car. Due to the impact, Claimant and the Maruthi WagonR car were smashed and Claimant's leg and hip were badly smashed and Claimant also sustained multiple injuries all over the body. Immediately, after the accident, Claimant was taken to Mahatma Gandhi Hospitals at Kirummampakkam where he was given first aid. Thereafter, Claimant was admitted in MIOT Hospitals, Chennai for further treatment and had taken treatment as inpatient for 92 days in three spells. Regarding the accident, a criminal case in Crime No.253 of 2006 under Sections 279 and 338 of Reddichavadi Police Station was registered against Eicher mini lorry driver. The Claimant studied B.E. Degree in Mechanical Engineering. At the time of accident, Claimant was working as Engineer in Petron Engineering Construction Limited, Mumbai and was earning Rs.9,700/ - per month. He was also awaiting job in abroad. Stating that the accident was due to rash and negligent driving of Eicher mini lorry driver, Claimant has filed the Claim Petition claiming compensation of Rs.48,00,000/ -.

(3.) BEFORE the Tribunal, Appellant -Claimant examined himself as P.W.1. Dr.Muthaiyan was examined as P.W.2. Thilagavathi, mother of Claimant was examined as P.W.3. Exs.P1 to P54 were marked. On the side of Respondents, the then Divisional Manager of 3rd Respondent -Insurance Company viz., Subramaniam was examined as R.W.1. The driver of Eicher mini lorry, 1st Respondent was examined as R.W.2. Exs.R1 to R4 were marked.