NEW INDIA ASSURANCE CO LTD Vs. S KALAIYARASU

JUDGEMENT

(1.) Being aggrieved over the finding of the Tribunal, dated 18.01.2006 made in MCOP.No.205 of 2004 on the file of the Motor Accident Claims Tribunal/First Additional Subordinate Judge, Gobichettipalayam, the 3rd respondent-Insurance Company filed this present appeal for setting aside the finding of the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 04.10.2003 at about 10.00 p.m., while the petitioner was sleeping on the extreme southern side of the petrol bunk with his co-worker, the first respondent drove the bus bearing Registration No.TN-33-X-9177, in a rash and negligent manner at high speed lost control, ran over the left thigh of the petitioner and crushed the same. The injury occurred due to the negligent driving by the first respondent vehicle driver and owner of the second respondent bus which was insured with the 3rd respondent-Insurance Company. Thus, the petitioner states that he suffered compound fractured with loss of skin and tissues, injuries on head, chest and hip and he is unable to attend his normal work resulting in loss of earning to him. Thus, the petitioner sought for a sum of Rs.5,00,000/- as compensation from the respondents who are the driver, owner and insurer of the offending vehicle.