K SUBRAMANI Vs. DIRECTOR OF ANIMAL HUSBANDARY

JUDGEMENT

(1.) BOTH the appeals are arising from the judgment and decree dated 30.12.2002 made in C.M.A. No. 848 of 1999 on the file of the VI Judge, Small Causes Court, Chennai granting compensation of Rs. 6,70,500/- as against the claim of 12,00,000/- for the injuries sustained by the claimant in the road traffic accident that happened on 11.12.1998 at about 00.15 hours due to the rash and negligent driving of the driver of the jeep bearing Regn. No. TN 01 G 0672 belonging to the respondent department.

(2.) C.M.A. No. 797 of 2003 is preferred by the claimant seeking enhancement of compensation while C.M.A. No. 3350 of 2003 is preferred by the Department praying to set aside the impugned award and decree. For the sake of convenience the parties in these appeals will be hereinafter referred to according to their status before the Tribunal.

(3.) AS far as fastening of liability on jeep driver is concerned, Mrs. Bhavani Subbarayan, learned Special Government Pleader (Original Side) would submit that inasmuch as the Judicial Magistrate has turned down the version of the claimant in a criminal proceedings that the jeep driver came in a rash and negligent manner and he was acquitted from the charges, no liability could be fastened on the respondent.