K THIYAGARAJAN Vs. S KRISHNAKUMAR

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 29.11.2008 made in MCOP.No.1932/2006 by the learned V Small Causes Judge (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.25,000/- as no fault liability with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization.

(2.) THE Appellant/claimant has met with an accident on 31.1.2006at 16.10 hours, when he was proceeding from Pallavaram to Meenambakkam along the GST Road and he was hit by a Car bearing Reg.No.TN-22-AM-2550 which was coming in the opposite direction. According to the claimant, without any signal or indication the car driver suddenly took 'U' turn which resulted in the accident. He sustained injuries and was treated as an inpatient in a private nursing home. It is his case that the accident occurred only due to the rash and negligent driving of the driver of the car and therefore, the 2nd Respondent Insurance Company is liable to pay compensation.

(3.) THE learned counsel for the Appellant would contend that the Tribunal erred in relying upon the finding of the criminal court in coming to the conclusion that the negligence was on the part of the claimant and contended that the car driver without giving any signal or indication made 'U' turn which resulted in the accident. He would submit that before making 'U' turn the car driver did not take care to see whether any vehicle was coming in the opposite direction and therefore, he would submit that the car driver is equally negligent assuming for a moment that there was negligent on the part of the claimant. He would further submit that the car driver also contributed to the accident and therefore, the finding of the Tribunal awarding only Rs.25000/- as no fault liability is not sustainable.