MOOKKAMMAL Vs. P. SELVARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree made in M.C.O.P.No. 1371 of 2001 on the file of Motor Accidents Claims Tribunal (Additional District Judge/Fast Track Court No.I of Madurai) at Madurai dated 02.09.2005 and allow the claim petition (M.C.O.P.No. 1371 of 2001) as prayed for.

(2.) The appellant/claimant filed a claim petition, claiming an amount of Rs. 1,50,000/- towards compensation for the injuries sustained by him in a road accident.

(3.) It is a case of injury in an accident, which took place on 07.11.2000, at about 1.30 p.m., when the appellant/claimant was walking in Madurai to Sivagangai Main Road near Thathanendhal Vilakku, at that time, a lorry bearing registration No. TAP 1375, which was driven by one Baskara Sethupathy in a rash and negligent manner and without observing the road rules, dashed against the appellant herein. As a result of the accident, the appellant sustained fractures and injuries all over the body. The petitioner was immediately taken to Government Rajaji Hospital at Madurai and admitted on the same day. Surgery was done for the fractures and she was in-patient in the hospital till 08.01.2001. She is taking treatment as an out-patient till date. The petitioner was having severe pain during the period of treatment. After discharging from hospital, her pain and sufferings cannot be estimated in terms of money. She is not able to work normally and she has to undergo further surgeries in future. At the time of accident, the appellant/claimant was aged about 48 years. She was working as a daily coolie and agricultural worker and she was earning a sum of Rs. 1,500/- per month. Hence, the appellant/claimant filed a claim petition claiming a compensation of Rs. 1,50,000/- in M.C.O.P.No. 1371 of 2001 on the file of Motor Accidents Claims Tribunal (Additional District Judge/Fast Track Court No.I of Madurai) at Madurai, alleging that the accident was due to the negligence of the lorry driver.