R BHARANIDHARAN Vs. K DURAISAMY AND ORS

JUDGEMENT

(1.) The claimant stated that on 09.10.2003, at about 2.00 p.m., when he was travelling as a pillion rider on a motorcycle bearing Registration No.TN-09-V-6726, on the Thuraipakkam Main road, the 1st respondent's lorry bearing Registration No.TN-27-T-6273, coming in the opposite direction and driven by its driver in a negligent manner, had dashed against the motorcycle. As a result, he had sustained injuries. Hence, he has filed the claim against the owner and insurance company of the lorry.

(2.) The New India Assurance Company Limited had filed a counter statement and resisted the claim petition. The driver of the lorry did not possess a valid driving licence and the said lorry had not been covered under relevant documents. Actually, the rider of the motorcycle, coming in the opposite direction had ridden it negligently and dashed against the lorry. The averments in the claim regarding age, income and occupation of claimant was not admitted.

(3.) On verifying the averments of both the parties, the Tribunal had framed 4 issues namely (1) Whether the accident had been committed by the rash and negligent driving by the driver of the lorry bearing Registration No.TN-27-T-6273 (2) Whether the 2nd respondent's lorry had been insured with the 3rd respondent (3) Whether the claimant is entitled to get compensation If so, what is the quantum of compensation and (4) To what relief is the claimant entitled to get