V KARUPANNAN Vs. VALLIESWARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26. 3. 1998 made in M. C. O. P. No. 116 of 1996, whereby the Motor Accidents Claims Tribunal (Sub Judge), Salem, has allowed the claim petition and awarded a compensation of Rs. 3,09,709/- (Rupees Three lakh nine thousand seven hundred and nine only) with interest at 12% p. a. for the injuries sustained by the respondent/claimant, in a motor accident said to have taken place on 25. 12. 1995 near Kacheri Road at Erode.

(2.) 1. On 25. 12. 95 at about 6. 45 p. m. , when the respondent/claimant was travelling as a pillion rider in the scooter bearing Registration No. TN-36-A-2606 driven by one Sakthivel near Kacheri Road at Erode, the lorry bearing Registration No. TTS-6810 belonging to the first appellant herein was driven by its driver in a rash and negligent manner, on account of which, it dashed behind the scooter, as a result, the respondent/claimant sustained grievous injuries including fracture. 2. 2. As the respondent/claimant suffered grievous injuries, she filed a claim petition in M. C. O. P. No. 116 of 1996 claiming that she was aged 32 years at the time of accident and was working in a power press as a peon earning Rs. 1,200/- per month and due to the said accident, she suffered permanent disability and other losses and hence, her claim for Rs. 5,00,000/- under various heads has to be allowed. 2. 3. The said claim was resisted by the appellants on the grounds that the accident had occurred only on account of the negligent driving of the rider of the scooter and not on account of rash and negligent driving of the driver of the lorry and since the rider of the scooter was not impleaded as a party, the petition is not maintainable for non-joinder of necessary party. The amount of compensation claimed by the first respondent was also disputed that the same is excessive and that the claimant has to prove with regard to her age, job and income. 2. 4. The Tribunal, after framing the issues and after taking into consideration the evidence, both oral and documentary, by its impugned judgment, held that the accident occurred only due to negligent driving of the driver of the lorry of the first appellant and hence, the appellants are liable to pay compensation to the respondent/claimant. The Tribunal also held that the respondent/claimant is entitled to the compensation for the injuries sustained by her and accordingly, determined a sum of Rs. 3,09,709/- as compensation under the following heads: Permanent disability:: Rs. 7,500/- Loss of earning capacity:: Rs. 1,92,000/- Pain and suffering:: Rs. 7,500/- Medical expenses:: Rs. 86,384/- Transport charges:; Rs. 15,825/- Misc. Expenses:: Rs. 500/- ------------ Rs. 3,09,709/- -------------

(3.) HEARD and considered the rival submissions and also perused the order of the Tribunal.