M M SHAJAHAN Vs. S PURUSHOTHAMAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/claimant against the Award and Decree, dated 09.06.2003, made in M.C.O.P.No.3696 of 1999, on the file of the Motor Accident Claims Tribunal (Additional District Judge/Fast Track Court-V), Chennai, awarding a compensation of Rs.75,000/- together with 9% interest per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) HAVING not been satisfied with the said Award and Decree, the appellant/claimant has filed the above appeal praying additional compensation of Rs.1,25,000/-.

(3.) THE second respondent averred in the counter that the age, occupation and monthly income of the petitioner are denied. THE place, date and time of the accident are also not admitted. THE injuries and disability are not admitted. THE claim is excessive and has no basis. THE rash and negligent driving of the vehicle TN09 E41 is not true. THE petitioner alone was rash and negligent and caused the accident. In any event, the petitioner is guilty of contributory negligence. THE first respondent was not having valid fitness certificate for the car on the date of accident. Hence, the respondent is not liable to indemnify the first respondent. THE respondent craves leave to file additional counter later and to contest the claim under section 170 of the Motor Vehicles Act.