GENERAL MANAGER, ORDINANCE FACTORY Vs. V SURESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Award and decree dated 15.11.2002 made in M.A.C.T.O.P.No.2121 of 1999 by the Motor Accident Claims Tribunal (Fast Track Court No.II) Trichy, on certain grounds as brought forth in the grounds of appeal ultimately praying to set aside the Award passed by the Tribunal below.

(2.) Tracing the history of the above appeal coming to be preferred by the appellant, it comes to be known that the respondent herein has filed the Original Petition before the Tribunal below claiming a compensation of Rs.3 lakhs on account of the injuries sustained by him in the accident that occurred on 29.4.1998 at about 5.40 p.m. The Tribunal below having considered the facts and circumstances involved in the case and in adherence of the various legal aspects covering the subject, has ultimately awarded a compensation of Rs.2,17,200/- further requiring the appellant herein to deposit the said amount within a span of two months with interest at 9% p.a. from the date of the said petition till the date of payment further giving liberty to the respondent herein to withdraw 50% of the amount deposited and to deposit the remaining 50% in the Indian Overseas Bank, Court Campus Branch, Trichy further permitting the claimant/respondent to withdraw quarterly interest on the deposited amount.

(3.) Tracing the facts of the case, it comes to be known that the respondent herein has filed the claim petition before the Tribunal below on averments such as that on 29.4.1998 at about 5.40 p.m., when he was returning from the appellant Factory wherein he was employed as a Tool Maker/Skilled and was proceeding from East to West and while nearing the 11th Main Road on his motor cycle bearing Registration No.TN-45E-4842, the vehicle bearing Registration No.TN-45-4049 belonging to the appellant having been driven by its driver in a rash and negligent manner, dashed against the claimant as a result of which he sustained fracture on his right thigh and the motor cycle was also damaged and in spite of surgery, he is still undergoing treatment; that he spent huge amount for treatment and for repairing his vehicle; that a permanent disability has occurred and his right leg was shortened.