ZEESHAN ALI Vs. N. SHANMUGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the Award passed by the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai in M.C.O.P. No.4481 of 2012, dtd. 11/6/2019, in and by which the Tribunal awarded a sum of Rs.4,16,000.00 as Compensation to the Appellant/Claimant for the injuries sustained in a road traffic accident on 7/7/2012.

(2.) On 7/7/2012, the Appellant, Zeeshan Ali, was riding his Motorcycle bearing Registration No. TN-09-AZ-1399 along Anna Salai, Chennai, when a Car bearing Registration No.TN-22-BF-6043, owned by the First Respondent and insured with the Second Respondent, came from behind in the same direction and, being driven in a rash and negligent manner, hit the Appellant's Motorcycle. Due to the impact, the Appellant was thrown off his vehicle and sustained multiple Grievous Injuries, including fractures in both arms and internal injuries, requiring surgical intervention and hospitalisation. He was 26 years old at the time of the accident and claimed to be earning Rs.25,000.00 per month as a Lead Associate at The Rain Tree Hotel. He filed a Claim Petition before the Motor Accident Claims Tribunal, Chennai, seeking Compensation of Rs.30,00,000.00 for the injuries and associated losses.

(3.) In his Counter, the First Respondent (the Owner of the Car bearing Reg. No.TN-22-BF-6043) denied the Appellant's version of events and asserted that the accident occurred due to the Appellant's own negligence. He stated that the Appellant was riding his Motorcycle in an unsteady manner, and while wobbling, suddenly came to a halt and collided with the front portion of his Car. He contended that he was driving cautiously and that there was no rash or negligent driving on his part. Hence, he disclaimed liability for the accident and the resulting Compensation claim.