RAVI Vs. ANNAMALAI

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/petitioner against the Award and Decree, dated 29.12.2008, made in M.C.O.P.No.96 of 2006, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Vellore, awarding a compensation of Rs.51,000/- 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/petitioner has filed the above appeal praying for additional compensation of Rs.60,000/-.

(3.) THE first respondent, in his counter, has resisted the claim denying the averments in the petition as regards the age, income and occupation of the petitioner as well as the manner of the accident. It has been submitted that on 14.04.2006, the respondent's auto driver was driving the auto bearing registration No.TN21 F8112 from Arakkonam to Kancheepuram road in a very careful manner and following all the traffic rules and regulations. While he was nearing Kammarpalayam, the petitioner drove his bike in the opposite direction in a zig zag manner and talking in the cell phone due to which he lost his control and dashed against the auto, fell down and sustained simple injuries. As such, the first respondent has submitted that the accident happened due to the rash and negligent driving of the petitioner and that there is not negligence on the part of the respondent's driver. Further, the first respondent has submitted that the driver of the auto bearing registration No.TN21 F8112 had a valid licence to drive the two wheeler and the said auto was duly insured with the second respondent for the period from 23.05.2005 to 22.05.2006 under a Policy No.500502/31/05/6300001946. THE first respondent has also submitted that the claim is excessive and has to be dismissed with costs.