LAWS(MAD)-2009-3-105

NEW INDIA ASSURANCE COMPANY Vs. KANDAPPAN

Decided On March 03, 2009
NEW INDIA ASSURANCE COMPANY Appellant
V/S
KANDAPPAN Respondents

JUDGEMENT

(1.) CHALLENGE in this Civil Miscellaneous Appeal is to the award passed by the Motor Accident Claims Tribunal viz., Sub Judge, Bhavani in M.C.O.P.No,544 of 2001 dated 28.07.2003 awarding a compensation of Rs.2,21,553/- to the first respondent/claimant together with interest at 9% p.a. from the date of filing of the petition till date of payment.

(2.) THE short facts of the claim are as follows:- On 23.01.1997, the first respondent/claimant was travelling in a bullock cart driven by one Periyasamy towards Sankarapalayam Velasamy Koil from Karuvalvadipudhur for cooking at festival in the temple for 'Thai Poosam' at the early hours of the day. Periyasamy, the driver drove the said cart from West to East on the left side of the Andhiyur-Athani main road. Other than the first respondent/claimant and the driver, one Nanchappan, Sakthivel owner of the bullock cart and one Ekambaram were sitting in the bullock cart. In the cart, there were some articles like tape recorder, Speakers, Suit cases and some cooking vessel with food materials. Also, another bullock cart driven by Chinnasamy followed the first respondent/claimant's bullock cart. When the first respondent/claimant's cart was crossing Thoppur near Alamarathur at about 04.30 a.m. the second respondent/first respondent drove the Goods lorry bearing Registration No.TCG 5004 in the direction of West to East in a rash and negligent manner without blowing horn, without minding the traffic rules and without observing the bullock cart in front of the lorry dashed the bullock cart driven by Chinnasamy and the bullock cart in which the first respondent/claimant and others were travelling were thrown off, as a result of which the first respondent/claimant sustained serious injuries on his chest and his both legs were crushed by the lorry which resulted in a fracture of his two leg bones and also that he lost his both the legs. Due to the rash and negligent driving of the second respondent/first respondent, the accident had occurred not only causing serious injuries to the first respondent/claimant but also others like Nanchappan, Sakthivel, Periyasamy, Ekambaram sustained injuries and further that bullocks also sustained injuries and damages also sustained to the bullock cart and other articles kept in the cart. THE first respondent/claimant was immediately taken to the Erode Government Hospital by a taxi and given medical treatment. THE first respondent/claimant is still undergoing medical treatment at a private hospital. THE first respondent/claimant was serving as a Cook at function, marriages and other festival occasions. THE first respondent/claimant was earning more than Rs.4,000/- p.m. by serving as a Cook. Before the accident, the first respondent/claimant was hale and healthy and he was an efficient Cook in the locality.

(3.) BEFORE the Tribunal, the first respondent/claimant has been examined as P.W.2 and further that the claimant in M.C.O.P.543/01 has been examined as P.W.1 and the claim in M.C.O.P.545/01 has been examined as P.W.3 and the doctor has been examined as P.W.4 and Exs.A1 to A23 documents were marked. On the side of the respondents, Ex.B1 has been marked and no witnesses were examined. After contest, the Tribunal, on appreciation of oral and documentary evidence has passed an award granting a compensation of Rs.2,21,553/- (Rupees two lakhs twenty one thousand five hundred and fifty three) together with interest at 9% p.a. from the date of petition till date of payment along with proportionate cost payable by the appellant/third respondent Insurance Company.