S. MOORTHY Vs. K. KUMAR

JUDGEMENT

(1.) The Criminal Miscellaneous Appeal has been preferred against the Judgment and Award of the learned Additional District Judge (Fast Track Court No.I) Erode in M.C.O.P.No.317 of 2005 dtd. 21/12/2005.

(2.) The brief facts of the case leading to the claim application are as follows: On 7/4/2003 at about 20.50 hours, when the petitioner was travelling in a Jeep bearing Registration No.TN 43 A 508, in a very slow manner from west to east direction, the TNSTC bus bearing Registration No.TN 38 N 0626 (Coimbatore Division) was driven by its driver with a great speed ferociously downwards on the hill in an uncontrollable manner and dashed against the Jeep. Due to which, the petitioner sustained grievous injury and the inmates in the bus were also sustained injuries. A police complaint was also preferred against the driver of the Jeep on the file of the Kothagiri police station. Due to the said accident, the petitioner sustained severe injuries, which resulted in disability and thereby he incurred loss of income, pain and sufferings and medical expenses, for which, he claimed a sum of Rs.3,00,000.00 as compensation.

(3.) In the counter statement, the respondents 1 and 2 have stated that the the mode of accident was not admitted and the petitioner has suppressed the true version of the accident. It is further stated that when the bus was coming near the Seemar Thottam at about 08.50 p.m, the Jeep which was driven by one Rangasamy in the opposite direction, came with only one headlight in a very rash and negligent manner and on seeing the said jeep, the driver of the said bus stopped the bus on the left side of the road and inspite of that, the driver of the Jeep came in the wrong side of the road and dashed against the jeep on the right side of the bus. Hence, the said accident had occurred only due to the rash and negligent driving of the driver of the Jeep and the case was also registered against the driver of the Jeep for having caused the said accident. The other aspects regarding the sum claimed by the petitioner under various heads are also stated as an excessive one and the claim application has to be dismissed.