LAWS(MAD)-2012-12-107

MUNIAN ALIAS MUNIASAMY Vs. CHITHIRAISELVAM

Decided On December 03, 2012
Munian Alias Muniasamy Appellant
V/S
Chithiraiselvam Respondents

JUDGEMENT

(1.) THE appellant/petitioner has preferred the present appeal in CMA(MD).No.627 of 2012, against the judgment and decree passed in M.C.O.P.No.109 of 2011, on the file of the motor accident claims Tribunal, Additional District Judge, Fast Track Court No.I, Thoothukudi.

(2.) THE short facts of the case are as follows:-

(3.) THE 2nd respondent in his counter has submitted that the driver of the 1st respondent's lorry was not having a valid and effective during licence at the time of the accident and that the lorry was not covered under a valid fitness certificate and permit at the time of accident. It was submitted that the accident was caused solely due to the rash and negligent driving of the driver of the 3rd respondent. The allegations in the claim regarding age, income and occupation of the petitioner, the disability and loss of income due to the alleged injuries was also not admitted. It was submitted that the claim was excessive.