ESAKKIMUTHU Vs. JEYAKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the claimant against the award dtd. 13/10/2022 passed in MCOP No.941 of 2021 by the MACT/Special Sub-Court, Tirunelveli.

(2.) Despite the receipt of notice, the first respondent neither appeared nor entered appearance through his counsel.

(3.) The facts of the case as set out in the claim petition are stated in brief: On 4/2/2021 at about 11.10 a.m., while the claimant was travelling in TATA ACE van bearing Registration No.TN-72-A-0487 from Sattur to Alangulam along Devarkulam Kalugumalai Main Road, near Keela Sivagamipuram proceeding from North to South, a Mahindra Van bearing Registration No.TN67-D-6366, belonging to the first respondent came in a high speed driven in a rash and negligent manner hit from behind on the TATA ACE van. Due to the said impact, he sustained fractures over both legs and he was taken to Tirunelveli Medical College, (TVMC) and he was treated as inpatient for a month and he underwent surgery and implants were fixed in both legs. The accident took place due to rash and negligent driving of the driver of the aforesaid van. The first respondent, who is the owner of the said van and the second respondent, insurer of the said van are liable to pay compensation to the petitioner.