M S LUTHUFULLAH Vs. S BALU

JUDGEMENT

(1.) RESPONDENTS in M. C. O. P. No. 5124 of 2000 on the file of Motor Accidents claims Tribunal (II Small Causes Court), Chennai are the appellants.

(2.) THE brief case of the claimant is as follows:- In respect of an accident that took place on 22. 10. 2000 at about 10. 40 hours, the claimant was riding the cycle from north to south direction in Sydenhams Road on the eastern side of the road with milk. When he was proceeding opposite to door no. 1, Jalal Electricals, Tata Sumo Car bearing registration No. TN-65-J-6666 belonging to the first appellant came from behind in a rash and negligent manner and dashed against the cycle, in which the claimant has sustained multiple fractures and the cycle also damaged. On account of injuries sustained, the claimant filed the claim petition, praying for a compensation of Rs. 11,36,000/ -. The claimant was examined as P. W. 1 and two witnesses were examined as P. Ws. 2 and 3, besides marking Exs. P-1 to P-8 in support of his claim before the Tribunal. On the side of the respondents, no witness was examined and no document was marked. The Tribunal on appreciation of evidence, both oral and documentary, after holding that accident was caused due to negligence of the driver of the Tata Sumo car in question, passed an award for Rs. 9,19,000/- as compensation and directed the respondents to pay the said compensation amount to the claimant. Questioning the said award, the insurance company has preferred this appeal.

(3.) HEARD the learned counsel for both sides.