S R RAJA Vs. SHARMA TRANSPORT BANGALORE

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed against the award of the Motor Accidents Claims Tribunal (3rd Judge, Small Causes Court), Chennai dated 26.04.2001 made in M.C.O.P.No.10/1998 by the claimant therein as against the disallowed portion of the claim is concerned.

(2.) THE averments, in brief, made by the appellant herein in his claim petition filed before the Tribunal are as follows:- On 31.07.1997 at about 5.00 a.m, the petitioner was riding his fish cart along with one Kaja Mohideen who was travelling as an occupant of the said fish cart. When they were proceeding thus slowly along the east-west E.V.R.Road through the northern half of the said road, as the southern half had been closed for traffic since men were working on the southern half for spreading bitumen. While they were thus proceeding near Hotel Breeze at Kilpauk, the bus bearing Regn.No.KA-01 A-3939 which came from west to east was turned suddenly to the left by its driver in a rash and negligent manner as a result of which the same dashed against the fish cart and thereby caused the accident resulting in injuries to the petitioner and the above said Kaja Mohideen. Since the first respondent was the owner of the said bus which stood insured with the second respondent as on the date of the accident, the respondents 1 and 2 were jointly and severally liable to pay compensation to the appellant/petitioner. THE appellant/petitioner was aged about 20 years and was self-employed as a power fish cart rider having an average income of Rs.3,000/- per month. For the injuries sustained in the above said accident, the appellant/petitioner was admitted as an in-patient at Kilpauk Medical College Hospital and took treatment as an in-patient till the date of filing of the M.C.O.P. Since, the injuries sustained by the petitioner resulted in permanent disability, the respondents should be directed to pay a sum of Rs.2,00,000/- as compensation together with a future interest and costs.

(3.) AT the conclusion of enquiry, the Tribunal considered the evidence brought before it in the light of the arguments advanced on either side and upon such a consideration, came to the conclusion that the rash and negligent driving of the bus bearing Regn.No.KA-01 A-3939 belonging to the first respondent was the cause of the accident; that the said vehicle stood insured with the second respondent; that the driver of the vehicle possessed a valid driving license at the time of accident and that hence the respondents 1 and 2 were jointly and severally liable to pay compensation to the appellant herein and the Kaja Mohideen, the claimant in M.C.O.P.No.3434 of 1997.