A.PARAMASIVAM Vs. P.NIRMALKUMAR

JUDGEMENT

(1.) The present appeal has been filed by the claimant challenging the dismissal of his claim petition in MCOP.No.103 of 2014 on the file of the Motor Accident Claims Tribunal, Kulithalai, Karur District.

(2.) The injured claimant had filed a claim petition under Sec. 163(A) and 166 of the Motor Vehicles Act contending that on 29/12/2013 at about 4.30 p.m, when he was riding his Bajaj Motor Cycle, a Bajaj Pulsar Motor Cycle belonging to the first respondent came from the opposite direction in a rash and negligent manner and dashed against the petitioner's bike. In the said accident, the petitioner had sustained grievous injuries resulting in amputation of left leg, fracture of left elbow, grievous injuries in head, chest, right hip and multiple injuries all over the body.

(3.) According to the claimant, he was originally admitted to the Government Hospital, Kulithalai, thereafter he was referred to the Government Head Quarters Hospital, Trichy. For taking expert medical treatment, the petitioner was admitted in Maruthi Hospital, Trichy, wherein he was an inpatient more than 50 days. The petitioner had claimed that only due to the rash and negligent driving of the first respondent's vehicle, the said accident had happened. The second respondent is the insurer of the first respondent and therefore, he claimed a compensation of Rs.15,00,000.00.