VARADHARAJ Vs. SAKTHIVEL

JUDGEMENT

(1.) The claimant is the appellant herein. Challenging the compensation awarded in MCOP.No.139 of 2007, on the file of Motor Accidents Claims Tribunal & Principal Subordinate Judge, Salem, wherein this claim petition was rejected and the appellant has come up with the present appeal.

(2.) The appellant herein/claimant filed claim petition alleging that on 24.11.2006, when the appellant herein/claimant was travelling as a passenger in the Rainbow bus bearing registration No.TN-30-P-4488, from Attur to Salem near Puthiragoundampalayam Petrol bunk, the driver of the bus drove the bus in a rash and negligent manner and hit against the opposite bus, as a result of which the petitioner sustained multiple grievous injuries and immediately, the injured was taken to Chellappha Hospital, Salem for first aid and then admitted into Government Hospital, Salem for further treatment as inpatient. The appellant herein/claimant is unable to do any work as before the accident due the said accident. The appellant herein/claimant is aged about 30 years and doing scavenger work and earning Rs.6,000/- per month. The accident was due to the rash and negligent act of the driver of the Rainbow Bus. The first respondent herein is the owner of the bus and the second respondent herein/Insurance Company is the insurer of the said vehicle are jointly and severally liable to compensate the petitioner. The first respondent remained ex-parte.

(3.) The Insurance Company filed a counter statement, denying the nature of the injuries sustained by the appellant herein/claimant and also denied that there was no rash and negligence on the part of the driver of the first respondent herein offending vehicle.