MINOR ALEXANDER Vs. R VIJAYAVALLI

JUDGEMENT

(1.) The Civil Miscellaneous Appeals have been filed by the appellants/claimants, against the Judgment and Decree, dated 27.02.2003 made in M.C.O.P.Nos.13, 14 and 15 of 2003, on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge Cum Chief Judicial Magistrate), Thanjavur at Kumbakonam.

(2.) The appellants/claimants have raised various grounds stating that the amount awarded by the Tribunal is very meager, the injured sustained by the appellants were not considered by the Tribunal and the disability were permanent, the Tribunal ought to have given more amount as compensation and they pray for enhancement of compensation in these Civil Miscellaneous Appeals.

(3.) The case of the petitioners is that on 13.05.2000, all the three petitioners were travelling in TVS 50 XT Motor Cycle bearing Registration No.TN-07-C-0254 in the Thirunageswaram Thiruvidaimarudur Main Road at Sannapuram. It was about 08.45 a.m. at that time, the petitioner one Murugesan has driven the TVS 50 XT and his wife and minor son/Alexander were pillion riders. At that time, one Rengarajan was coming in the opposite direction driving his Bajaj M-80 Motor Cycle bearing Reg.No.TN 49 X 1704 in a very rash and negligent manner and violently dashed against the motor cycle in which the petitioners were travelling. Consequent to the violent impact, the Bajaj Motor Cyclist died. The petitioners were sustained grievous injuries and they were taken to the Government Hospital, Tiruvidaimarudur. After first aid, they were referred to T.M.C.H, Thanjavur for treatment. Thereafter, the appellants were taken further treatment in the Best Medical Centre nearly a month. Due to the compound fracture on the right ankle of the petitioner in M.C.O.P.No.15 of 2003/Alexander, is not able to walk, run or do cycling or stand at a place for more than few minutes. Throughout his treatment and even till date he is assisted by another person to do his daily routine. The petitioner in M.C.O.P.No.13 of 2003/M.Arivukannu, got injured on the right leg, has resulted in a permanent disability. She is not able to walk, do any work and in short, she is assisted by another person to move, the disability continues and it is a permanent one. The petitioner in M.C.O.P.No.14 of 2003/ Murugsan,has got injured on the right thigh required further operation and treatment. He was not able to walk without the assistance of some other person.