J SAI MANOHAR Vs. PREM SHANKAR SHUKLA

JUDGEMENT

(1.) The appellant/petitioner has filed the civil miscellaneous appeal No. 1613 of 2005 against the judgment and decree dated 9th December, 2004, made in M.A.C.T. O.P. No. 2777 of 2000, on the file of the VI Court of Small Causes (Motor Accident Claims Tribunal), Chennai awarding a sum of Rs.1,89,000/- as compensation as against a compensation of Rs.14,00,000/- claimed by the petitioner.

(2.) The amount claimed by the appellant in his appeal is restricted to Rs.12,00,000/-.

(3.) The brief facts of the case are as follows:- The petitioner, J. Sai Manohar, aged 45 years is the General Manager, Marketing with M/s. Pavithra Graphics Limited Chennai -29 and earning a monthly salary of Rs.12,000/-. On 24th September, 1999 at about 12.15 hours, the petitioner was travelling as a passenger in bus bearing registration No. UP-70-M-9900 from Varanasi to Nagpur along Jabalpur, National Highways, and when the bus was nearing Dhumba, Seoni District, Madhya Pradesh, the said bus driven with rash speed and negligent manner, went off the road and overturned, due to which, the petitioner and several others sustained serious injuries. The accident is solely due to the rash and negligent driving of the bus bearing registration No. UP-70-M-9900. Hence, the first respondent as owner of the bus and the second respondent as its insurer are jointly, severally and vicariously liable to pay compensation to the injured petitioner and had claimed a compensation of Rs.14,00,000/- under various heads with interest and costs.