M. VENKATESAN Vs. C.T. VIJITHA

JUDGEMENT

(1.) The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.586 of 2001, on the file of Motor Accidents Claims Tribunal cum District Judge, Thanjvur.

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

(3.) The second respondent, in his counter has submitted that the petitioner should prove through documentary evidence that the first respondent's bus was insured with the second respondent at the time of accident and that the driver of the bus had the valid driving licence and badge to drive the bus. It was submitted that the first respondent's bus driver drove the bus in a careful and cautious manner at a moderate speed and by sounding horns and that the accident had been caused only by the rash and negligent driving of the tourist car by the petitioner and as such, only the third and fourth respondents are liable to pay compensation to the petitioner. It was submitted that a criminal case had been registered at the Ayyampettai Police Station in C.C.No.184 of 2001, against the driver of the first respondent's car, i.e., the petitioner, and as such, the petitioner could claim compensation only from the owner and insurer of the tourist car, ie.., the third and fourth respondents. The averments in the claim regarding age, income and occupation of the petitioner, nature of injuries and disability sustained were also not admitted. It was submitted that the claim was excessive.