ESSAKIMUTHU Vs. CORRESPONDENT, JOSE MATRICULATION SCHOOL

JUDGEMENT

(1.) The appellants are the claimants. They filed M.C.O.P Nos. 341 of 2006 and 342 of 2006 claiming a sum of Rs. 7,00,000/- each for the injuries sustained by them in the accident that occurred on 08.02.2006.

(2.) According to the appellants, on 08.02006, when the appellant in C.M.A.No.1466 of 2008 was riding a Hero Honda Motor Cycle bearing Registration No. TN-10-D-9968, in which, the appellant in C.M.A.No.1465 was travelling as a pillion rider, a Mahindra Van bearing Registration No. TN-72- F-2415 belonging to the first respondent insured with the second respondent came from East to West in a rash and negligent manner and tried to overtake another Van. At that time, the Mahindra Van entered into the wrong side and directly hit the motor cycle. Due to the said impact, the appellants sustained multiple fractures all over the body. A surgery was done to both the appellants and metal plates were implanted. They spent nearly Rs. 2,00,000/- for medical expenses. Even though they discharged from the hospital, they could not do their normal work as they were doing before the accident and continued to take treatment as out-patient. The appellant in C.M.A.(MD) No.1465 of 2008 was working as Two wheeler Mechanic and the appellant in C.M.A(MD)No.1466 of 2008 was working as Catering Server in Railway. Both of them were earning a sum of Rs. 4,000/- each per month. Hence, they claimed Rs. 7,00,000/- as compensation under various heads.

(3.) The first respondent owner of the vehicle in the counter statement denied all the averments and contended that the amounts claimed are excessive and if any amount is awarded, the second respondent is liable to pay the compensation.