CHANDRU Vs. MULTI SPECIALITY LAB SERVICES PVT. LTD

JUDGEMENT

(1.) Aggrieved by the findings of contributory negligence and also challenging the quantum, the appellant has preferred the present Civil Miscellaneous Appeal.

(2.) The appellant has filed the claim petition claiming compensation of Rs.10.00 lakhs for the injuries sustained by him in the accident alleging that on 21/9/2014 at about 5.15 P.M., he was driving the two wheeler bearing registration No.PY-01 AJ 3098 at the extreme left side of Villupuram-Puducherry road and while he was nearing Savitha Theatre, Villupuram, a tempo traveller bearing registration No.TN-45 AA 9924 driven by its driver in a rash and negligent manner dashed against the appellant. Due to the impact, the appellant sustained grievous injuries. Immediately after the accident, he was admitted in Government Medical College & Hospital, Mundiyampakkam, where from he was taken to JIPMER Hospital, Puducherry and admitted as inpatient and discharged on 22/9/2014. Thereafter, he was admitted in KOTI Ortho (Private) Hospital, Villupuram as inpatient from 22/9/2014 to 4/10/2014, where he underwent surgery on 23/9/2014. Regarding the accident, a criminal case in Crime No.293 of 2014 was registered by Villupuram Town Police Station. At the time of accident, the appellant was aged 30 years and was earing Rs.30,000.00 per month by doing driver work.

(3.) The second respondent insurance company filed the counter stating that the accident occurred only due to the sole negligence of the appellant, who was riding the two wheeler on a public road without valid driving licence. Therefore, it is false to allege that the driver of the tempo traveller was alone responsible for the accident. Denying the avocation and monthly income of the appellant, the second respondent stated that the appellant has to prove that he was suffering from permanent disability and that the total claim made by the appellant is highly exorbitant and prayed for dismissal of the claim petition.