G. VENKATESAN Vs. K. GUNASEKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dtd. 8/2/2010 passed in M.C.O.P.No.38 of 2009 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Nagapattinam.

(2.) For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the Tribunal.

(3.) It is a case of injury. The case of the claimant is that on 18/7/2008, when at the time, the claimant went to Ettukudi for obtaining his Hall ticket as pillion rider in TVS Star City TN-51-D-2527, near to Thamaraikulam curve, the rider of the said vehicle drove the same in a rash and negligence manner and dashed against the TVS XL Super, which was coming from the opposite direction. As a result of which, the claimant was thrown away from the bike and sustained grievous injuries on his rib, head, left thigh, right elbow, left leg and right patella. Immediately, after the occurrence, he was admitted in the Best Medical Centre, Tiruthuraipoondi. Due to the injuries, the claimant is not able to do any work. The accident had occurred due to reckless riding of the TVS Star City motorcycle, driven by his friend. A case has been registered in Crime No.93 of 2008 under Ss. 279 and 337 of I.P.C., against the driver of the vehicle, in which, the claimant was travelled as a pillion rider. After the accident, due to the fracture on his right patella, the claimant was unable to attend the annual examination. Therefore, the claimant, claims Rs.3.00 Lakhs as compensation for the injury sustained in the accident. Since the first respondent is the owner of the offending vehicle and the second respondent is the insurer, both are severally and jointly responsible to pay the compensation. Hence, the claim petition.