M. BALAKRISHNAN Vs. G. ABDUL KALAM

JUDGEMENT

(1.) The injured claimant is the appellant. Not being satisfied with the award passed by the Motor Accidents Claims Tribunal (III Court of Small Causes), Chennai, the claimant is before this court with the present Civil Miscellaneous Appeal.

(2.) According to the appellant, on 02.03.2015 at about 06.15 p.m. when he was riding his motor cycle bearing registration number TN 05 AJ 7583 from East to West on Paper Mills Road, near Indian Bank ATM, a share auto belonging to the 1st respondent bearing Registration Number TN 04 T 8640 which was driven by its driver in a rash and negligent manner hit against his motor cycle in which he sustained serious injuries. Hence, claiming compensation of Rs.10,00,000/- from the respondent, he filed the claim petition.

(3.) The 1st respondent/insured remained absent and therefore, he was set ex parte by the tribunal. The 2nd respondent/Insurer contested the claim petition inter alia contending that the accident was taken place due to the rash and negligent riding of the appellant and therefore, he is not entitled for any compensation. It is further contended by the 2nd respondent that the appellant did not sustain any serious injuries and the alleged injured were only simple in nature. The 2nd respondent disputed the avocation and the monthly income of the appellant besides medical expenses said to have been incurred by the appellant.