The court carefully considered evidence to assess contributory negligence and compensation under the Motor Vehicles Act.

The above Civil Miscellaneous Appeal has been filed by the appellant/fourth respondent against the Award and Decree, dated 16.08.2007, made in M.C.O.P.No.213 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.IV, Tirupur, Coimbatore District, awarding a compensation of Rs.2,20,000/-with 7.5% interest per annum, from the date of filing petition till the date of payment of compensation.

2. Aggrieved by the said Award and Decree, the appellant/fourth respondent, the National Insurance Co., Ltd., Coimbatore, has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

3. The short facts of the case are as follows:

On 23.07.2004, at about 17.00 hours, the petitioner was going by a Maruti Van, bearing registration No.TN43 3575, from west to east, in the east west Mettupalayam Road and when it was near Alamaram bus stop, the said Maruti Van was driven rashly and negligently by its driver, working under the first respondent, without adhering to traffic rules and regulations and dashed the Maruti Van against the Car bearing registration No.TN40 3893, coming on the opposite direction, which was also driven rashly and negligently by its driver, working under the third respondent.

4. Due to the accident, the petitioner sustained grievous injuries namely fractures at left upper limb, shaft of left humerus and injuries all over his body. Immediately, the petitioner was taken to K.P.S.Mettupalayam and P.S.G.Hospital, Coimbatore, and admitted as inpatient. The petitioner was undergoing treatment for one month and still the petitioner is undergoing treatment. The petitioner was employed in M/s.Mouni Garments, Pichampalayam, Tirupur, as a Tailor and was earning a sum of Rs.4,000/-per month. After the accident, the petitioner is unable to attend the work. The petitioner has claimed a compensation of Rs.5,00,000/-from the respondents under Section 166 of the Motor Vehicles Act.

5. The first respondent, as the owner of the Maruti Van bearing registration No.TN43 3575, the second respondent, the insurer of the above said vehicle, the third respondent, as the owner of the vehicle Indica Car bearing registration No.TN40 3893 and the fourth respondent, as the insurer of the vehicle bearing registration No.TN40 3893 are jointly and severally liable to pay the said compensation to the petitioner.

6. A criminal case has been filed against the driver of the Maruti Van under Sections 279 and 337 of I.P.C. by the Sirumugai Police Station in Crime No.252 of 2004, but the petitioner has submitted that the accident happened due to the rash and negligent driving by the drivers of both the vehicles.

7. The second respondent, in his Counter has resisted the claim stating that the alleged accident happened only due to the careless act of the driver of the car bearing registration No.TN40 3893 and as such he is not liable to pay any compensation to the petitioner. The age, income and occupation of the petitioner, the nature of injuries, permanent disability caused to the petitioner and medical expenses incurred by him has also not been admitted. It is submitted that the claim under various heads are excessive and hence it is prayed that the petition should be dismissed.

8. The fourth respondent, in his Counter has resisted the claim stating that the drivers of both the cars, which were alleged to have been involved in the accident have not been made parties to the proceedings and as such the petition ought to be dismissed as against him. It was submitted that as accident happened only due to the negligence of the driver of the Maruti Van and that the FIR has been registered as against the driver of the Maruti Van bearing registration No.TN43 3575, the fourth respondent is not liable to pay any compensation to the petitioner for the injuries sustained by him in the alleged accident, and that only the second respondent is solely liable to pay compensation to the pe