BALAMANI Vs. SUBRAMANI

JUDGEMENT

(1.) THE civil miscellaneous appeal has been filed by the first and second appellants against the judgment and decree passed by the Motor Accidents Claim Tribunal/Subordinate Court, Aathur in MCOP No,51 of 1998 dated 31.10.2003 awarding a total compensation of Rs.1,50,000/- to the claimants and have prayed for setting aside the award.

(2.) THE short facts of the claim case are as follows- On 07.05.1996, the petitioner was travelling in the lorry TN-27-Z-5547 as its cleaner, one Selvam @ Nagarathinam was the driver of the lorry and it was driven by him from Neyveli to go to Pugalar paper Mills, with coal. While so, at about 00.30 hours at Padamudipalayam near Parimala Muthammal Kalyana Mandapam, the driver of the lorry drove the vehicle in a rash and negligent manner with high speed and dashed behind a lorry bearing registration No.MDI 0922, which was parked at the left side of the road. In the result, the petitioner sustained severe injuries on his hip, right foot, cheek, left thigh etc. Immediately, he was taken to Government Hospital, Vellore. After preliminary treatment, he was admitted at Government Mohan Kumaramangalam Medical College Hospital, Salem. THEre, he was treated as an inpatient from 08.05.1996 to 24.06.1996. Emergently lap rotomy operation for external fixation of pelvis was done on 08.05.1996. Tow screms on both side iliac crest passed and fixed with external fixator. Further compression was also given. Due to the bone injuries he is unable to use his right leg as before. Still he is under treatment due to rupture on urethra and he is unable to pass urine normally. During passing of urine, it causes him severe pain. THEre is no normal erection of pennies. Due to fracture of pelvis bone, he is unable to sit squat normally. THEre is severe pain in his hip and there is no guarantee for his future married life. Regarding the said accident, the vellore police registered a case against the driver of the lorry bearing registration No.TN-27-Z-5547 on an alleged offence under Section 279 and 337 of IPC in Crime No.187 of 1996. THE first respondent is the owner of the lorry and the second respondent is insurer of lorry. Hence the petitioner has claimed a compensation of Rs.3,00,000/- against the respondents.

(3.) ON the side of the respondent/claimant, three witnesses were examined namely PW1, Subramani, who was the claimant and PW2, one Venkatachalam, who was the eye witness and PW3, Dr. Ram Prasad, who extended his medical evidence to support the petitioner's claim. ON the side of the claimant, 8 documents were marked as Ex.P1 to Ex.P8 namely 1) first information report as Ex.P1 2) wound certificate as Ex.P2, 3) Motor vehicle inspector's report as Ex.P3 4) charge sheet as Ex.P4, 5) Judicial Magistrate's order as Ex.P5 6) Photo as Ex.P6 7) disability certificate as Ex.P7, 8) X'ray as Ex.P8. ON the side of the first and second appellants/respondents no witnesses were examined, no documents were marked.