The appeal is against the order passed in M.C.O.P.No.231 of 2000 dated 14.07.2006 by the learned Motor Accidents Claims Tribunal (Fast Track Court) Pudukkottai.
2. The case of the claimant in the petition is briefly as follows: On 13.07.1996 at about 10.30 p.m., when the claimant travelling as a pillion rider in a TVS Suzuki bike bearing registration No.TN 55 0135, the first respondent drove his vehicle in a rash and negligent manner. On account of this, the vehicle in question met with an accident. As a result of which, the claimant sustained grievous injuries. Therefore, he filed a claim petition before the Tribunal claiming a sum of Rs.1,00,000/- as compensation.
3.Before the Tribunal, on the side of the claimant, one witness viz., P.W.1 was examined and four documents viz., Ex.P.1-certified copy of the F.I.R, Ex.P.2- wound certificate, Ex.P.3-certified copy of Motor vehicle inspector's report, Ex.P.4 certified copy of the lower Court order were marked. On the side of the respondents, two witnesses viz., R.W.1 and R.W.2 were examined and five documents were marked. Ex.R.1 is the claimant's application for joining duty in Pudukkottai Security Service. Ex.R.2 is a salary slip series. Ex.R.3 is voucher. Ex.R.4 is Policy Xerox and Ex.R.5 is policy expiry certificate issued by the insurance company.
4.On a careful consideration of the evidences on record, the Tribunal has awarded a sum of Rs.15,000/- as compensation with interest at 7.5% p.a from the date of petition till realization. The said amount was directed to be paid by the appellant herein/ first respondent before the Tribunal.
5.Aggrieved by the same, the appellant/Pudukkottai Security Service, has filed the present appeal.
6.Heard the learned counsel appearing on both sides and perused the materials available on record.
7.The learned counsel appearing for the appellant would submit that the Tribunal has failed to appreciate the fact that the claimant already received a sum of Rs.60,000/- from the appellant for his treatment and other damages. He would further submit that the claimant has also signed the voucher as an acknowledgement for the receipt of a sum of Rs.60,000/- from the appellant, which is marked as Ex.R.3, and the same is accepted by the Trial Court. The claimant was aged about 51 years and himself restricted his age as 42 years in the claim petition. He was received only a sum of Rs.400 to 600/- per month as salary from the appellant. Therefore, they need not pay any amount of compensation, because, on 10.08.1996 they paid a sum of Rs.60,000/- to the claimant. The same has been proved by them as per Ex.R.3. The claimant's son also signed in the voucher. Apart from that, the claimant has not produced any relevant documents for his disability. The trial Court ought to have fixed the liability on the second respondent/Insurance Company, if at all the first respondent is entitled to get compensation.
8.The learned counsel for the second respondent/Insurance company would submit that based on the available oral and documentary evidences, the Tribunal has rightly come to the conclusion and arrived the compensation hence, it does not require any interference at the hands of this Court.
9.From the perusal of the records, it appears that on 13.07.1996 at about 10.30 p.m., the injured was travelling as a pillion rider along with the appellant in TVS Suzuki bearing Registration No.TN55 0135 at Pudukottai to Alangudi Main Road. The appellant was driving his vehicle in a rash and negligent manner without following the traffic rules and fell down and the said accident was caused by his own negligent driving. Due to the said accident, the claimant sustained grievous injuries and fracture and immediately, he was admitted at Pudukkottai Government Hospital as an in- patient. After that, the injured is not able to do his regular work. Therefore, the appellant is liable to pay the compensation to the first respondent/claimant since, the claimant suffered grievous injuries and fractures.
10.The learned Trial Court has accepted the documents, receipts, executed by the claimant. The claimant has received only a sum of Rs.400 to 600/- as salary from the appellant itself. As per evidence of Ex.P.3 voucher, the appellant paid a sum of Rs.60,000/- to the claimant. The injured took treatment only in Government Hospital. Therefore, he is not entitled to get any compensation under the head of medical expenses.
11.This Court is of the view that since the vehicle in question was not enjoyed any insurance policy and the rider of the two wheeler has no valid driving license, the Tribunal has rightly came to conclusion and fastened the entire liability on the appellant and rightly awarded a sum of Rs.15,000/-. This Court is inclined to confirm the award amount passed by the Tribunal.
12.In the result, this Civil Miscellaneous Appeal is dismissed and the award in M.C.O.P.No.231 of 2000 dated 14.07.2006 on the file of the learned Motor Accident Claims Tribunal (Fast Track Court) Pudukkottai is confirmed. The appellant is directed to deposit the entire compensation, as awarded by the Tribunal, with interest at the rate of 7.5% per annum from the date of petition, till the date of realization and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order, On such deposit being made, the first respondent/claimant is entitled to withdraw the same. No costs. Consequently, C.M.P.(MD)No.2 of 2007 is closed.
To
1.The learned Motor Accidents Claims, (Fast Track Court) Pudukkottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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