ALEX PANDIYAN Vs. A. JAYALAKSHMI

JUDGEMENT

(1.) The Appellant is the Claimant in M.C.O.P. No.409 of 2016 on the file of the Motor Accident Claims Tribunal, II Additional District and Sessions Court, Tiruvallur at Poonamallee. He filed the above said Claim Petition under Sec. 166 of the Motor Vehicles Act, seeking Compensation of Rs.5,00,000.00 for the injuries sustained by him in a road accident that took place on 11/2/2014.

(2.) The brief case of the Appellant/Claimant is as follows: On 11/2/2014, the Claimant was riding a Motorcycle bearing Registration No.TN-49-AD-5484 on Thanjavur - Kumbakonam Main Road. When he was nearing NH Nursery, a speeding Mahindra & Mahindra Van bearing Registration Number TN-32-X-6665 came in the opposite direction and hit the Two-wheeler driven by the Claimant, as a result of which, he fell down and sustained injuries all over his body. He was immediately rushed to Government Medical College Hospital, Thanjavur. After getting first aid in the Hospital, he got himself admitted in a private Hospital for further treatment.

(3.) In the Tribunal, the Owner of the Van remained absent and was set ex parte. The Second Respondent, the National Insurance Company Limited resisted the Claim Petition on all the grounds available to the Insurer under Sec. 170 of the Motor Vehicles Act.