SURESHKUMAR Vs. DFL FINANCE LTD

JUDGEMENT

(1.) AGGRIEVED by the order dated 06.10.2010 passed by Motor Accident Claims Tribunal ''cum '' Chief Judicial Magistrate, Chengalpet, in M.C.O.P. No. 192 of 2007 wherein and by which a compensation of Rs.25,000/ - was awarded to the appellant - Claimant on the ground of no fault liability, in respect of a road traffic accident on 31.8.2003, the claimant has preferred this appeal.

(2.) BRIEF facts are that on 31.08.2003, at about 12 Noon, when the injured was proceeding in the GST Road, near Rajakulipettai, a Stage Carriage overtook him and in order to facilitate safe overtaking, the injured went to the extreme left side of the GST Road. At that time, the driver of a lorry bearing Registration No. AP 16 TT 9091, belonging to the first respondent and insured with the second respondent - Insurance Company, rashly and negligently took the wheel on the reverse direction and dashed against the claimant. Due to the impact, he sustained head injury and was admitted to JSP Hospital and after first aid, was referred to Government Hospital, Chengalpet. Alleging that the accident occurred due to the rash and negligent driving of the driver of the lorry, the injured, as claimant, filed Claim Petition claiming compensation of Rs.20,00,000/ -.

(3.) RESISTING the Claim Petition, the second respondent Insurance Company has filed counter stating that the accident was solely due to the rash and negligent driving of the injured besides denying the age, occupation, income, and the naure of injuries sustained, period of treatment and the loss and expenses incurred by him and stated that the compensation claimed is excessive.