DIVISIONAL MANAGER, MADURAI Vs. G. SARAVANAN

JUDGEMENT

(1.) THE 1st respondent/petitioner was riding his motor cycle bearing registration No.TN-58Q-9324, on 08.07.2007, at about 01.30 p.m., on the Valparai Main Road, along with one Kumar, the pillion rider, on the extreme left of the road, the 1st respondent's Jeep bearing registration No.TN-41F-5621, coming from south and driven by its driver in a rash and negligent manner dashed against the petitioner. In the result, the petitioner had sustained multiple bone fracture injuries. Immediately he was taken to Kottur Government Hospital, for treatment. Immediately, he was taken to Kovai Medical Centre for better treatment. Hence, he has claimed compensation of Rs.3,00,000/- with interests against the owner and insurer of the Jeep.

(2.) THE Insurance Company has filed a counter statement and denied the averments made in the claim regarding manner of accident. The respondent has stated that the 1st respondent's vehicle driver had driven the Jeep in a careful and cautious manner and after following traffic rules and regulations and that the claimant had ridden the motor cycle in a rash and negligence manner and invited in the said accident. The respondent had denied the averments in the claim regarding age, income, occupation, nature of injuries sustained and medical treatment received.

(3.) ON the side of the claimant, two witnesses were examined namely in the claimant and one Dr.Shanmugam and thirteen documents were marked namely: Ex.P1-F.I.R; Ex.P2-charge sheet; Ex.P3.Motor Vehicle Inspector's Report; Ex.P4-wound certificate; Ex.P5-discharge summary; Ex.P6-judgment copy of criminal court; Ex.P7-hospital bill; Ex.P8-prescriptions; Ex.P9-disability certificate; Ex.P10-case sheet; Ex.P11-scan; Exs.P12 and P13- X rays. On the side of the respondents, one witness was examined as RW.1 and one document was marked as Ex.R1-rough sketch.