SHEIKH ABDUL KHADER Vs. BALU AND ORS

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree dated 24.04.2006, made in M.C.O.P.No.193 of 2004, on the file of the Motor Accident Claims Tribunal, Tiruvarur.

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

(3.) It was submitted that on 12.09.2002, when the claimant was driving his Taxi bearing registration No.TN45 A1839, along with other passengers, on Thanjavur-Tiruvarur Main Road and at about 02.30 p.m., when the car was proceeding near Koradacheri Vellai Madhagu Burial Ground, the fist respondent's tanker lorry bearing registration No.TN59 H4945, coming in the opposite direction and driven at a high speed and in a rash and negligent manner, dashed against the car and caused the accident. As a result, his car was damaged and he as well as the other passengers in the car sustained injuries. The claimant and others were admitted at Tiruvarur Government Hospital, wherein they received first aid. Hence, the claimant had filed the claim petition against the respondents, who are the owner and insurer of the tanker lorry bearing registration No.TN59 H4945.