VIJAYA BASKAR Vs. JYOTHESWARAN

JUDGEMENT

(1.) THE claimant has filed the present appeal against the order of the Tribunal dated 25.9.2003 passed in M.C.O.P.No.83 of 2001.

(2.) THE facts leading to the filing of the claim petition before the Tribunal was that on 5.5.2001 at 10 a.m. at Ponnai to Tiruvalam Road, near Jayar Farm, while the claimant was proceeding as a rider in Hero Honda Motor Cycle Reg.No.AP-03-D-7004 from Ponnai to Tiruvalam direction at that time the lorry bearing Registration No.TN-23-D-7515 belonging to the first respondent which was being driven by its driver in a rash and negligent manner endangering public safety in an uncontrollable speed was coming in the opposite direction hit and dashed against the motor cycle in which the claimant was proceeding and thus in the said impact, the petitioner has sustained instantaneous multiple grievous injuries and two other occupants of the motor cycle succumbed to in the accident. THE claimant, the appellant herein filed the claim petition for compensation of Rs.5,00,000.

(3.) THE injured while he was proceeding in his motor cycle from Ponnai to Tiruvalam the driver of the lorry belonging to the first respondent came in a rash and negligent manner and dashed against the motor cycle as a result of which the rider of the motor cycle was thrown out and he sustained injuries.