UNITED INDIA INSURANCE COMPANY LIMITED, REP BY ASSISTANT DIVISIONAL MANAGER Vs. A GOVINDAN AND T YOGARAJAN

JUDGEMENT

(1.) This appeal is filed against the award dated 28.08.1passed in M.A.C.T.O.P. No. 282 of 1995 on the file of the Principal Subordinate Judge, (Motor Accidents Tribunal), Tirunelveli, in and by which the learned subordinate Judge awarded a sum of Rs. 50,000/- against the claim of Rs. 1,00,000/- for injuries sustained to the petitioner in road accident.

(2.) For convenience, the parties are referred arrayed in the claim petition. On 15.04.1994, at about 10.30 hrs the petitioner was riding his bicycle from Vannarapettai to Palayamkottai on Tirunelveli Junction to Palayamkottai main road from West to East. At that time, a Van bearing Registration No. TN.69-6667 belonging to the first respondent insured with the second respondent driven by its driver in rash and negligent manner, which was coming from East to West, dashed against the petitioner and as a result of this, the petitioner was thrown away from the cycle and sustained multiple injuries all over the body. Immediately, he was taken to Tirunelveli Medical college hospital and admitted as inpatient from 15.04.1994 to 14.05.1994. The petitioner was aged about 32 years and he was hale and health free from any ailments at the time of the accident. He was working as a sweeper in Palayamkottai Muncipal office and was earning a sum of Rs. 1,000/- per month. Hence, the petitioner estimates the compensation of Rs. 1,00,000/- for injuries sustained by him in the road accident.

(3.) The second respondent resisted the claim on the following grounds. At the time of the accident, the vehicle was entrusted to TVS workshop for repair and the vehicle was under the control of TVS workshop foreman cum driver Venkatachalam with trial plate No. TCR.TN.72.TC.011. So, the accident has happened during the time when the van was taken for trial by the foreman.