R SENTHIL KUMAR Vs. P PALANISWAMY

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the award of the Motor Accident Claims Tribunal (Sub Judge), Dindigul dated 22.12.1997 passed in M.A.C.T.O.P.No.637 of 1993 in so far as the disallowed portion of the claim is concerned.

(2.) THE claimant before the Tribunal is the appellant herein. He met with an accident on 16.04.1993, as he was hit by the offending vehicle, namely Bajaj Tempo Van bearing registration No.TN-57-4804. Contending that the driver of the said Tempo van drove it in a rash and negligent manner and dashed against the appellant/claimant from behind; that after causing the accident, the driver of the offending vehicle left the place of occurrence without even stopping the vehicle; that the injuries sustained by the appellant/claimant could not be fully cured and that the same had resulted in permanent disability despite proper treatment, the appellant/claimant had preferred the claim petition in M.A.C.T.O.P.No.637/1993 against the respondents 1 to 3 in their capacities as driver, owner and insurer respectively of the above said offending vehicle, claiming a sum of Rs.5,00,000/- as compensation. In order to substantiate his claim, the appellant/claimant, besides examining himself as P.W.1, also examined one Dr.Inbasekaran as P.W.2 and relied on 54 documents marked as Exs.A.1 to A.54.

(3.) AT the conclusion of trial, on an appreciation of evidence brought before it, the Tribunal found the driver of the offending vehicle to be at fault and it was due to his rash and negligent driving, the accident took place. The Tribunal accepted the contention of the appellant/claimant that the injuries sustained by him resulted in permanent disability to the tune of 50%, but awarded only a sum of Rs.25,500/- as compensation directing the respondents 2 and 3 to pay the said amount along with an interest at the rate of 12% per annum with proportionate cost to the appellant/claimant.