P.S. RAMASAMY Vs. N. PERUMAL

JUDGEMENT

(1.) THE appellant / claimant has preferred the present appeal against the judgment and decree dated 15.06.2009, made in M.C.O.P.No.90 of 2006, on the file of the Chief Judicial Magistrate Court, Motor Accident Claims Tribunal, Erode.

(2.) THE short facts of the case are as follows: On 08.01.2005, at about 08.30 p.m., when the claimant was proceeding on his motorcycle bearing registration No.TNI 4408, on Coimbatore Perunthurai National Highways Road, a lorry bearing registration No.KA01 D5257, was proceeding in front of his bike and driven by it's driver at a high speed and in a rash and negligent manner and all of a sudden, the driver of the lorry had suddenly stopped the lorry by applying of the brake. As a result, the claimant's motorcycle dashed behind the lorry and he had sustained injuries. Hence, he had filed a claim petition, in M.C.O.P.No.90 of 2006, on the file of the Chief Judicial Magistrate Court, Motor Accident Claims Tribunal, Erode, claiming a sum of Rs.5,00,000/ against the driver, owner and insurer of the lorry.

(3.) ON considering the averments of both sides, the Tribunal had framed three issues namely: