NAVAS ALIAS NAVASKHAN Vs. VIJAYAN

JUDGEMENT

(1.) The appellant was The claimant in M.C.O.P.No.473 of 2003 on The file of The Motor Accident Claims Tribunal, (Additional District and Sessions Court), Pudukottai. The claimant is The permanent resident of Pudukottai. However, he has a grocery shop business at Uthamapalayam. On 12.06.2001, he proceeded in a two wheeler from Uthamapalayam to Surli falls. Since there was raining, he stopped at Cumbam and returned back to Uthamapalayam, on Uthamapalayam - Cumbam Road and he stopped The two wheeler on The western side of The road, while he was proceeding from South to North direction before a tea stall by name Natarajan tea steel at Kakkachanpatti. It was at about 3.45 p.m. At that time, a jeep belonging to The Tamil Nadu Agricultural Department came in North South direction and hit against him. His right leg got fractured. The first respondent was The driver of The jeep.

(2.) The claimant filed M.C.O.P.No.473 of 2003, claiming compensation of Rs.15,00,000/-. Before The Tribunal, two witnesses were examined on The side of The claimant. The claimant himself was examined as first witness and another eye-witness was examined as second witness. Exs.P1 to P21 were marked on his side. On The side of The respondents, The driver of The jeep was examined and no document was marked. The Tribunal rejected The claim petition on The ground that The petitioner was responsible for The accident as he drove The two wheeler rashly and negligently and hit against The jeep. Though The Tribunal held that for The injuries suffered by The claimant, he is entitled to Rs.3,10,000/- as compensation, The application was rejected on The ground that he was rash and negligent in driving The two wheeler. The appeal is filed against The order passed in M.C.O.P.No.473 of 2003, dated 31.10.2006.

(3.) Heard The learned counsel for The appellant and The learned counsel for The respondents 2 and 3.