S.VIJAYAKUMAR Vs. ALAGUPRIYA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 04.09.2018, made in M.C.O.P.No.4914 of 2015 on the file of the Motor Accident Claims Tribunal (Special Sub Court No.1, Motor Accident Claim Petitions) Small Causes Court, Chennai.

(2.) The claimant is the appellant, seeks enhancement of compensation.

(3.) The accident occurred on 12.06.2015 at about 21.30 hrs near Ambal Nagar Devar Hotal, JN 100 feet road, Guindy. J3, Guindy Traffic Investigation Police registered a case in Crime No.473/S2/2015 and due to the accident, the appellant/claimant sustained Fracture over right leg and other multiple injuries all over the body. The Claim Petition was filed. The Tribunal adjudicated the issues with reference to the documents as well as the evidences filed by the respective parties. As far as the negligence is concerned, the Tribunal relied on the oral evidence of PW1 as well as the documentary evidence of Ex.P1/copy of the FIR. In view of the fact that there was no contra evidence made available to rebut the oral evidence of PW1 as well as Ex.P1/FIR, the Tribunal arrived a conclusion that the accident occurred due to the rash and negligent driving of the driver of the 1st respondent Car bearing Registration No.TN-10-AP-8065. Accordingly, the 2nd respondent/Insurance company is made liable to pay compensation to the appellant/claimant.