- (1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 05.09.2008, made in M.C.O.P.No.725 of 2006, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Krishnagiri.
(2.) The short facts of the case are as follows:- The claimant had filed a claim petition in M.C.O.P.No.725 of 2006, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Krishnagiri, claiming a sum of Rs.50,000/- as compensation, from the respondents, for the the injuries sustained by him in a motor vehicle accident.
(3.) It was submitted that on 14.12.2004, when the claimant was travelling with his goods along with others in the first respondent's Tempo Van bearing registration No.TN25 F1995, from Pulivanthal village to Bangalore, on Tiruvannamalai-Krishnagiri National Highways Road and on 15.12.2004, at about 04.30 a.m., when the tempo van was proceeding near Sentharappalli Bus Stop, the driver of the van drove it at a high speed and in a rash and negligent manner and dashed it against a tamarind tree on the side of the road. As a result, the claimant and others sustained grievous injuries. The claimant sustained injuries in his right shoulder and contusion of his lower leg near ankle, pain at chest wall and abrasion in his right fore arm and chin. He was admitted at Government Hospital, Krishnagiri and subsequently took treatment at a private clinic and hospital. At the time of accident, he was aged 20 years and he was working as an agriculturist and coolie and earning Rs.3,000/- per month. Due to the disability sustained by him in the accident, he is not able to do his work as before. Hence, the claimant had filed the claim petition against the respondents, who are the owner and insurer of the Tempo Van bearing registration No.TN25 F1995.;