PARANTHAMAN Vs. T. S. SELVAKUMAR

JUDGEMENT

(1.) Challenging the dismissal of the claim petition, by the Motor Accident Claims Tribunal, Tiruvallur, by order, dated 31.12.2012 passed in M.C.O.P.No.217 of 2010, the claimant is before this Court to set aside the said order.

(2.) It is the case of the claimant that on 22.10.2007 at about 2.40 p.m., while the claimant was riding his motorcycle bearing registration No.TN 22 AS 9188 to his extreme left side of the road near Vadamadurai Pettaimedu, the driver of the Sundaram bus bearing registration No.TN 20 H 5567 belonging to the first respondent was driven in a rash and negligent manner and hit against the claimant, thereby caused accident, resulting in the claimant/appellant sustained grievous injuries. Inspite of treatment, the appellant had become permanently disabled due to the accident and he is not able to do his work as he did earlier. Hence, the appellant has filed a claim petition claiming Rs.6,68,000/- from the respondents and restricted his claim to Rs.5,00,000/- The first respondent being a owner of the vehicle and the second respondent as Insurer are jointly and severally liable to pay compensation.

(3.) In the counter statement filed by the second respondent/ Insurance Company wherein it is specifically stated that the appellant was under the influence of alcohol and drowsy mood and the second respondent/Insurance Company also denied that the appellant was having valid driving licence to drive the vehicle at the time of accident. As such, the appellant himself contributed to the accident. Therefore, the claim petition is liable to be dismissed.