DHURAIPANDIAN Vs. V. CHANDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 05.07.2013 made in M.A.C.T.O.P.No.916 of 2012 on the file of the Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.

(2.) The case of the appellant is that on 27.06.2011 at about 4.00 p.m., the appellant was riding his Tricycle at GST Road, Thailavaram. At that time, the first respondent's Omni Van bearing Registration No.TN-19-3456 driven by its driver in a rash and negligent manner dashed behind the appellant. As a result, the appellant sustained grievous injuries and immediately he was admitted for treatment in SRM Hospital, Potheri. At the time of accident, he was aged 38, and before the accident, he was doing a business and was earning Rs.10,000/- per month. Due to the injuries sustained in the accident, he became permanently disabled. Hence he filed a petition before the Motor Accident Claims Tribunal, IV Small Causes Court, Chennai, claiming Rs.6,00,000/- as compensation under various heads.

(3.) The second respondent insurance company filed a counter affidavit before the Tribunal stating that the accident was occurred only due to the rash and negligent driving of the appellant, hence, they are not liable for the claim. Further, it has been stated that the driver of the first respondent had no valid driving licence at the time of accident, and the appellant has to strictly prove that the first respondent's driver had possessed valid driving licence at the time of accident. Moreover, it has been stated that the alleged age, occupation, income and disability are not true and the amount of compensation claimed is highly excessive.