S RASOOL MOHIDEEN Vs. BASHYAM REDDY AND CO

JUDGEMENT

(1.) This Revision has been filed under Article 227 of Constitution of India, assailing the correctness of the order dated 12.04.1999 passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate-cum-Additional District Judge, Chingleput) in I.A. No. 25/99 in M.C.O.P. No. 348/95.

(2.) The claimant is the Petitioner and the first Respondent is the owner of the vehicle and the second Respondent is the insurer. The Petitioner filed M.C.O.P. No. 234 of 1990, under Sections 166 and 140 of the Motor Vehicles Act, 1988, (hereinafter referred to as the "Act") claiming compensation of Rs. 1,00,000/- for the injury sustained by him, on account of a motor vehicle accident on 12.11.1989, at about 6.30 p.m. on G.S.T. Road at Erattaimalai, Acharapakkam. On account of the accident, the Petitioner sustained injuries, namely, shortening of right leg, abrasion over the forehead, laceration on the right side of the cheek, shortening of right limb and several other lacerations all over the body. On account of the accident, the Petitioner became permanently disabled and unable to walk and could not carry on his profession as driver. Further, it is stated that the accident has occurred solely due to the rash and negligent driving of the Tanker Lorry.

(3.) The Insurance company resisted the claim petition, inter alia contending that the accident has occurred only due to the rash and negligent driving of the van driven by the Petitioner, without observing the traffic rules. The Insurance company also denied the quantum claimed as being excessive. It appears that the claim petition was dismissed for default on 20.11.1995.