R. GANESAN Vs. ARUNACHALAM

JUDGEMENT

(1.) THIS civil miscellaneous appeal is filed by the appellant/claimant aggrieved against the award dated 17.6.2004, passed in M.C.O.P.No.117 of 2002, by the Additional Motor Accident Claims Tribunal - Additional Sub -Court, Tenkasi, granting a total compensation of Rs.20,000 (Rupees Twenty Thousand only) along with interest at 9% p.a. from the date of filing of the petition till date of payment.

(2.) THE appellant/claimant has filed a claim petition before the Tribunal claiming a compensation of Rs.3,48,750 (Rupees Three Lakhs Forty -eight Thousand Seven Hundred and Fifty only) and has restricted the same to a sum of Rs.2,00,000 (Rupees Two Lakhs only).

(3.) THE short facts of claim are as below: On 29.5.2001, at about 06.00 p.m., in the evening, the appellant/claimant was standing on the left side of the road near Bala Arunachalapuram bus stop and at that time, the water tanker with truck bearing Registration No.TN -72 -X -8202, belonging to the first respondent was driven by its driver in a high speed, negligently and without sounding horn and dashed against him, as a result of which the appellant/claimant's entire right leg got damaged and sustained injuries all over his body. The appellant/claimant was unconscious and he was brought to Tenkasi Government Hospital by his wife. The appellant/claimant was given first aid treatment by the doctors of the Tenkasi Government Hospital and they after seeing the nature of injuries sustained being grievous, they referred him to Tirunelveli Government Hospital. Till 11.7.2001, the appellant received treatment at the Tirunelveli Government Hospital. Since the appellant/claimant had not recovered properly from the treatment received, he was taking treatment at the private hospital. The appellant/claimant had sustained permanent disability and the driver of the tractor bearing Registration No.TN -72 -X -8202 was solely responsible for the happening of the accident. A case was registered by the Kadayanallur Police in Cr.No.118 of 2001 against the driver of the tractor with water tanker under Sections 279 and 337, I.P.C.