C MADHU Vs. K VAJRAVEL

JUDGEMENT

(1.) This Revision has been filed under Article 227 of the Constitution of India against the judgment and decree dated 11.2.2004 in I.A. No. 1549 of 2003 in MCOP No. 608 of 2002 on the file of the Motor Accidents Claims Tribunal and Special Sub Court, Dharmapuri at Krishnagiri.

(2.) The Respondent in MCOP No. 608 of 2002 is the Petitioner herein and the the claimant in MCOP No. 608 of 2002 is Respondent herein. The Respondent herein filed a Claim Petition before the Tribunal claiming a sum of Rs. 3 Lakhs as compensation for the injury sustained by him in a road accident, which took place on 29.8.2001. According to the claimant, the Petitioner drove his TVS 50 Moped in a rash and negligent manner and dashed against him from behind, which caused the injuries. The Petitioner herein resisted the claim petition by filing a counter affidavit denying the accident and objected to the quantum of compensation claimed.

(3.) The Tribunal framed two questions for consideration, as to whether the Petitioner was rash and negligent in driving the Moped, which resulted in the accident and whether the Respondent/claimant is entitled for compensation. Before the Tribunal, the Respondent examined himself as C.W.1 and the Doctor was examined as C.W.2. On the side of the Respondent, 4 documents were marked as Ex.C1 to Ex.C.4. It appears that though the Petitioner had filed a counter statement and appeared through counsel, he did not lead any oral evidence and did not mark any documents.