ZOOLOGICAL PARK Vs. S KALYANA RAMAN

JUDGEMENT

(1.) THE appeal has been filed against the award and decree dated 27. 3. 1997 in M. C. O. P. No. 332 of 1989 on the file of Motor Accidents Claims Tribunal (Third Judge, Small Causes Court), chennai.

(2.) THE appeal has been filed by Managing Director, Zoological Park, Vandalur and the Chief Secretary, Government of tamil Nadu. Respondent No. 1 herein is the claimant before the Tribunal.

(3.) THE respondent No. 1-claimant was working as Liaison Officer with Combine engineering Industries and Agencies (P)Ltd. , Defence Colony Road, Chennai-16. It was stated in the claim petition that the claimant was aged 44 years and earning rs. 2,500 per month. In the course of his employment on 8. 3. 1985, respondent No. 1 was returning home from Ambattur in a motor vehicle bearing the registration No. TMF 9801 and while proceeding on New avadi Road near ICF Annexe, the vehicle driven by respondent No. 1-claimant was hit by a car bearing registration No. TNY 5320 belonging to the Managing Director of the Zoological Park, Vandalur, which was driven by its driver Kesavan. According to respondent no. 1-claimant, the car belonging to appellant No. 1 turned to the right side without signal to enter the ICF annexe Road and while doing so, vehicle of appellant No. 1 dashed against the vehicle of respondent No. 1-claimant and due to such accident, respondent No. 1 suffered the following injuries: right hip fracture, right thigh bone fracture, right kneecap fracture and right knee compound injury. Respondent No. 1-claimant was rushed to general Hospital by the public and after treatment for certain period of time, he was discharged and treated in private hospital. A police complaint was lodged. Respondent No. 1 filed a claim petition under section 166 of Motor Vehicles Act before the tribunal, claiming a total compensation of rs. 3,70,000.