SIVASHANMUGHAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) BEING aggrieved by the order impugned, dismissing the claim petition seeking for the compensation of Rs. 35,000/- for the injuries sustained by the claimant due to the rash and negligent driving of the driver of the jeep belonged to the respondent/the Superintendent of Police/North Arcot, Ambedkar District, the appellant/claimant has filed this appeal seeking to set aside the same and to award the compensation claimed by him.

(2.) THE facts are these: Sivashanmugam, the claimant, was working as an Assistant in I.T.I. On 13.1.1989 at about 4.00 p.m., he was proceeding from Vellore by riding on his cycle. When he was nearing Super Market at Sathuvachari, the jeep bearing registration No. TNM 4275 P.C R. Unit, Vellore, came from behind in the same direction at a high speed even without sounding the horn. Suddenly, the jeep came to the wrong side, since the driver lost control over the jeep and hit against the claimant, as a result of which, he was thrown off. Due to the impact, he sustained bleeding grievous injuries on his head, right hand, right elbow, right foot, lumbarregion, left knee and all over the body. His cycle was also completely damaged. He was immediately taken to the Government Hospital at Vellore. He was taking treatment as in-patient from 13.1.1989 till 26.1.1989 and thereafter, he took treatment privately for his head injury.

(3.) THIS claim was resisted by the respondent/owner of the jeep by stating that the accident took place unavoidably, since the steering of the jeep became inoperative due to sudden disconnection of Drag Link from the steering arm and hence, the jeep went out of control and consequently, the impact had taken place and that, therefore, the respondent/owner of the vehicle cannot be fastened with the liability to pay any compensation, as no negligence could be attributed to the driver of the jeep.