T.SUBRAMANIAN Vs. A.GANAPATHY

JUDGEMENT

(1.) THE appellant / first respondent has preferred the appeal in C.M.A.No.441 of 2005, against the judgment and decree passed in M.C.O.P.No.388 of 2000, on the file Motor Accidents Claims Tribunal / IV Additional Sub Court, Madurai.

(2.) THE short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.388 of 2000, claiming compensation of a sum of Rs.1,50,000.00 from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 28.06.1999, when the petitioner was driving his car bearing Registration No.TN69-7970, from Chennai towards Madurai, on the Madurai-Melur Main Road and when the car was proceeding near Sivalingam Theatre at Othakadai, the first respondent's car bearing Registration No.TCU-3233, driven at a high speed and in a rash and negligent manner dashed against the petitioner's car and caused the accident. The petitioner sustained grievous injuries and was initially admitted at Madurai Quality Care Hospital from 28.06.1999 to 03.07.1999, as an inpatient. Subsequently, he took treatment at Tirunelveli. His Car's wind screen, mudguard, indicator lamp, radiator and other parts were also damaged. Hence, the petitioner has filed the claim as against the first and second respondents, who are the owner and insurer of the car bearing Registration No.TCU-3233.

(3.) THE second respondent, in his counter has denied the averments in the claim regarding manner of accident, age, income and occupation of the petitioner, nature of injuries sustained, period medical treatment, medical expenses and damages to car. It was submitted that the accident had occurred only due to the rash and negligent riding of the petitioner and as such, the second respondent cannot be held liable to pay compensation. It was submitted that the claim was excessive.