T. VINOTH KUMAR Vs. S. SEKAR

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the injured/claimant challenging the award passed by the Motor Accident Claims Tribunal, dismissing the original petition against the 2nd respondent/Insurance Company and directing the 1st respondent/owner-cum-driver of the offending vehicle to pay the compensation amount.

(2.) It is the case of the claimant that on 8/4/2018, when the claimant was driving in his two wheeler bearing Registration No.TN 39 BT 2374 in Bishop School Road, near Dollar Quarters by adhering to the traffic rules and regulations, the 1st respondent came in his Honda Activa two wheeler bearing Registration No.TN 39 BT 9015 in a rash and negligent manner and dashed against the claimant's vehicle. As a result of which, the claimant was thrown away and sustained grievous injuries. Hence, a claim petition was filed by the claimant seeking compensation of Rs.5,00,000.00 against the respondents.

(3.) The 1st respondent remained exparte before the Tribunal and the claim was resisted by the 2nd respondent/Insurance Company by denying the negligence on the part of the 1st respondent. It was also claimed by the 2nd respondent that the 1st respondent/rider of the vehicle insured with it, did not posses effective driving license on the date of accident and hence, the 2 nd respondent was not liable to pay compensation to the claimant. It was also stated that the accident had occurred only due to the negligence on the part of the claimant himself.