T RAMESH Vs. K THANGAVEL UDAYAR

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/petitioner against the Judgment and Decree, dated 05.08.2004, made in M.C.O.P.No.260 of 2002, on the file of the Motor Accident Claims Tribunal, Fast Track Court, Ariyalur, dismissing the claim of the compensation of Rs.2,00,000/-.

(2.) AGGRIEVED by the said Judgment and Decree, the appellant/petitioner has filed the above appeal praying to set aside the said Judgment and decree passed by the Tribunal and restricting his claim compensation to Rs.1,00,000/-.

(3.) THE second respondent, in his counter, has resisted the claim denying the manner of accident as alleged in the claim. It has been submitted that the petitioner sustained injuries in the accident caused while he was travelling in a bullock-cart, loaded with sugarcane and that this is established by the accident report given by the Doctor of the Government Hospital, Trichy. THE second respondent has submitted that the petitioner and the first respondent had colluded together and have tried to hide this fact, in order to claim excessive compensation from him. It has also been pointed out that for the accident, which had occurred on 02.02.2000, the FIR has been registered as against the driver of the tractor-trailer only on 16.02.2000 and that the petitioner has not explained the reason for the delay in filing the complaint. Hence, the second respondent has submitted that the first respondent's vehicle had not been involved in the said accident and hence he is not liable to pay any compensation to the petitioner. THE second respondent has also not admitted the averments in the claim regarding the age, income and occupation of the petitioner as well as the nature of injuries sustained by the petitioner, medical expenses and permanent disability sustained by the petitioner. It has been submitted that the claim is excessive and has to be dismissed with costs.