SELVA KUMAR Vs. RAMASAMY

JUDGEMENT

(1.) This Revision has been filed under Article 227 of the Constitution of India against the petition and order dated 12.8.2005 in un-numberred I.A . of 2005 in M.C.O.P. No. 78 of 2001 on the file of the Chief Judicial Magistrate, Namakkal.

(2.) The Petitioner filed M.C.O.P. No. 78 of 2001 under Section 166 of the Motor Vehicles Act, claiming a sum of Rs. 5 lakhs as compensation for the grievous injury sustained by him in a road accident. The first Respondent in the Claim Petition is the owner of the lorry and the second Respondent is the Insurance Company. According to the Petitioner, he was a second driver in the lorry bearing Registration No. HR 29 B 4929 owned by the first Respondent and when the lorry was driven by its Driver K. Palanisamy, on account of his rash and negligent driving, when the lorry was proceeding from Cithpur to Undiyur, the lorry dashed against a tree and as a result of which, the Petitioner sustained injuries and he has also suffered permanent disability. On account of loss of earnings, pain and sufferings, he filed a Petition claiming compensation.

(3.) The Respondent Insurance Company resisted the Claim Petition both on merits as well as on the quantum. Thereafter, the Petitioner filed an Interlocutory Application under Order 13 Rule 10, Section 151 of Code of Civil Procedure read with Rule 74 of the Civil Rules of Practice with a prayer to issue direction and summon the records in S.C. No. 790 of 1995 on the file of Cithpur Judicial Magistrate Court, Gujarat State.