STATE OF TAMIL NADU Vs. SRINIVASAN

JUDGEMENT

(1.) THIS appeal is filed at the instance of the State against the award dated 24.08.2002 made in M.C.O.P.No. 129 of 2001 on the file of the Motor Accident Tribunal (Prl. Sub Court), Mayiladuthurai.

(2.) THE case of the parties before the tribunal in brief is as follows:- (a) THE claimant was a resident of Shrimushnam Village and was aged about 46 at the time of the accident. He was a mechanic by profession. On 15.05.2000, when he was returning to his village along with the third respondent after attending a Wedding on a motor cycle TVS-50 bearing Regn. No. TN 46 3748, at about 8.45 a.m. as a pillion rider, a Trax Jeep bearing Regn. NO. TN 31 G 0140 belonging to the 2nd respondent Police Department, which was driven by its driver in a rash and negligent manner from South to North on Nagarapadi Village Lake Road, hit against the motor cycle and caused the accident. THE claimant sustained grievous injuries and he was rushed to JIPMER Hospital at Puducherry. Due to injuries, he sustained permanent disability and had to face pecuniary and non-pecuniary losses. THE accident had occurred only due to rash and negligence driving of the driver of the jeep belonging to the 2nd respondent and therefore, being the owners, the respondents 1 and 2 are jointly and severally liable to pay a compensation of Rs.2,00,000/- with interest. (b) THE 2nd respondent filed thier counter denying the averments made in the petition and contending that the rider of the motor cycle on which the petitioner was traveling as a pillion alone responsible for the accident. THE driver of the jeep was no way responsible for the accident. In fact, the case has been registered only against the third respondent and the same is pending. THErefore, the third respondent alone liable to pay compensation. In any event, the petitioner is put to strict proof as to his age, avocation, income, injuries sustained in the accident and its impact in his life and the quantum of compensation sought for in the petition is exorbitant and excessive. THE petition is liable to be dismissed.

(3.) I have heard Mrs. P. Shanthi Rakkappan, learned Special Government Pleader (C.S.) appearing for the appellants and Mr. S. Sounthar, learned counsel appearing for the 1st respondent/claimant.