NATIONAL INSURANCE COMPANY LIMITED CHENNAI Vs. M JOTHI

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / National Insurance Company Limited against the judgment and decree made in M.C.O.P.No.3208 of 2007, dated 31.08.2010, on the file of Motor Accident Claims Tribunal, IVth Small Causes Court, Chennai.

(2.) THE short facts of the case are as follows: On 28.06.2007, at about 19.00 hours, while the petitioner was riding the motorcycle bearing Registration No.TN-01-Q-6180 and proceeding on the Poonamalle High Road and when the motorcycle was near Parivakkam Junction, the lorry bearing Registration No.TN-49-M-4753, driven by its driver in a rash and negligent manner and hit the motorcycle. As a result, the petitioner sustained grievous injuries. Hence, the petitioner has filed a claim for compensation of Rs.3,00,000/- against the respondents. THE first respondent is the owner of the said lorry and the second respondent is its insurer.

(3.) IN the said accident, another person, one Sudhakar, who was the pillion rider in the said motorcycle, had also sustained injuries. He had filed a claim in M.C.O.P.No.3207 of 2007. Based on the Memo for a joint trial, both the petitions were taken together and common evidence recorded in M.C.O.P.No.3208 of 2007 and documents were marked in the said O.P. On behalf of the petitioners, three witnesses were examined and eleven documents were marked as Exs.P1 to P11.On the respondents side, no witness, no documents.