V. MOHAMMED YAHYA Vs. LOUIS RAKESH KARUNAKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the Award, dated August 2, 2019, passed in M.C.O.P. No.4241 of 2014 by the 'Motor Accidents Claims Tribunal (II Court of Small Causes) Chennai' [henceforth 'Tribunal']. The Appellant herein is the Petitioner before the Tribunal. Petitioner's case:

(2.) On March 31, 2014 at about 20.15 hours, while the Petitioner was crossing Perambur Paper Mills Road from North to South, a Motorcycle, bearing Registration No.TN-05-AR-9667, belonging to the First Respondent, came in a rash and negligent manner from west to east, knocked down the Petitioner. Due to the accident, the Petitioner sustained grievous injuries. According to the Petitioner, the accident had occurred due to the rash and negligent riding of the Rider of the Motorcycle. The First Respondent is the Owner and Second Respondent is the Insurer of the First Respondent's Motorcycle and hence, both are vicariously liable to pay Compensation to the Petitioner. Accordingly, the Petitioner filed a Claim Petition claiming Compensation of a sum of Rs.2,30,000.00 from the Respondents.

(3.) The First Respondent, who is Owner of the Motorcycle remained absent and accordingly, set ex parte before the Tribunal.