SARAVANAN Vs. SOWMYA AND ORS

JUDGEMENT

(1.) The claimant, Saravanan, aged 40 years, a driver by profession, earning a monthly income of Rs.6,000/-, while driving the Mahindra van bearing Reg.No.TN-28-V-2058, met with an accident on 01.06.2000, when a Maruthi van hit against the Mahindra van and in that accident, he sustained injuries. In respect of the injuries sustained, he filed the claim petition claiming a sum of Rs.2,00,000/- as compensation.

(2.) The claim was resisted by the second respondent, New India Assurance Co., on the ground that the accident occurred only due to the rash and negligent driving of the claimant himself and when the claimant himself is a tortfeasor, he is not entitled to any compensation.

(3.) The Tribunal, on consideration of materials placed before it, gave a finding that the claimant himself was responsible for the rash and negligent driving and therefore, the claim petition has to be dismissed.