- (1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 30.12.2005, made in M.A.C.T.O.P.No.212 of 2003, on the file of the Motor Accident Claims Tribunal, Principal Subordinate Court, Villupuram.
(2.) The short facts of the case are as follows:- The claimant, had filed a claim petition in M.A.C.T.O.P.No.212 of 2003, on the file of the Motor Accident Claims Tribunal, Principal Subordinate Court, Villupuram, claiming compensation of a sum of Rs.2,00,000/- from the respondents for the injuries sustained by him in a motor vehicle accident.
(3.) It was submitted that on 26.10.2002, at about 05.00 a.m., when the claimant was travelling in the first respondent's lorry bearing registration No.TN31 Y4244, as cleaner and when the vehicle was proceeding on Chennai Main Road and near Rajapalayam Cross Road, the driver of the lorry drove it in a rash and negligent manner and dashed it against a stationary lorry parked on the side of the road. As a result, the claimant sustained fracture on his left humerus as well as fracture on his 2nd to 5th ribs on his left side. He was initially admitted at Government Hospital Jipmer and then referred to Government Hospital, Pondicherry. Hence, the claimant had filed the claim petition against the respondents, who are the owner and insurer of the lorry bearing registration No.TN31 Y4244.;