BRANCH MANAGER Vs. RAJAVEL

JUDGEMENT

(1.) Feeling aggrieved by the Award dated May 25, 2022 passed in M.C.O.P. No.139 of 2018 on the file of the 'Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Perambalur' ['Tribunal' for short], the second respondent / Insurance Company has preferred this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the parties will henceforth be referred to as per their rank in the Motor Claim Original Petition.

(3.) The case of the petitioner is that on January 02, 2018 at about 12.15 hours, he was travelling as a cleaner in Mahindra Navistar Truck bearing Registration No.TN-18-J-0612 loaded with iron rods, on Trichy-Chennai Highway. While approaching Venganoor Bus-stop, the said Truck was driven by petitioner's relative / first respondent, namely Rajavel in a rash and negligent manner and the front right side tyre of the said Truck suddenly burst. Consequently, first respondent lost control and the vehicle toppled upside down. In the accident, the petitioner's left leg was crushed between iron rods. Immediately, he was admitted in the Government Hospital, Perambalur for first aid and then admitted in Atlas Hospital, Trichy, where his left leg below knee was removed. Even thereafter he continued treatment as in-patient in Thanjavur Government Medical College Hospital and a surgery was performed again in his left leg. The accident happened only due to the rash and negligent driving of the first respondent against whom a case was registered in Crime No.3/2018 under Ss. 279 and 337 of Indian Penal Code, 1860 by the Ramanatham Police, Cuddalore. The petitioner was aged about 34 years at the time of accident and he was working as a load man in M.M.S. Fisheries on contract basis and earned Rs.1000.00 per day i.e., Rs.30,000.00 per month. Accordingly, he filed claim petition seeking Rs.1,00,00,000.00 as compensation from the first respondent who is the owner cum driver of the Truck and the second respondent who is its insurer.