H.S.MANIGUNDAN Vs. K.PRANESH

JUDGEMENT

(1.) These appeals have been filed by the Assistant Executive Engineer, Coimbatore and also by the driver of the vehicle who was working in the Government establishment, against the Award passed by the Motor Accident Claims Tribunal, Coimbatore in MCOP No.612 of 2017, dtd. 18/4/2023.

(2.) The claimant filed the claim petition before the Tribunal on the ground that on 25/11/2016, he was riding a two wheeler at Mettupalayam Road and at about 12.15 p.m., near the Kumaran Mill bus stop, a Metador van came from the opposite direction and it was driven in a rash and negligent manner and it hit the two wheeler. As a result of which, the claimant was thrown out of the vehicle. The claimant sustained undisplaced fracture of left foot - 3rd and 4th meta - tarsal base; Facial injuries - injuries on both the jaws and cut injuries on forehead and also multiply bodily injuries. An FIR came to be registered against the driver of the offending vehicle in Crime No.518 of 2016. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the negligence on the part of the driver of the offending vehicle. The Tribunal having rendered the above finding, proceeded to fix the total compensation at Rs.2,10,000.00 under various heads as follows: