S.KOTHANDAN Vs. L.SIVALINGAM

JUDGEMENT

(1.) The petitioner in MACTOP No. 3400 of 2015 on the file of Special Sub Court No.I, Motor Accident Claims Petitions, Small Causes Court, Chennai, aggrieved by the award dtd. 30/1/2023, is the appellant herein.

(2.) MACTOP No. 3400 of 2015 had been filed under Sec. 166 of the Motor Vehicles Act and Rule 3 of the Motor Vehicle Rules seeking compensation of Rs.55,00,000.00 for the injuries suffered by the petitioner in a motor accident. It had been stated that on 14/2/2015 at about 07.30 am, while the petitioner was riding his motor cycle bearing registration No. TN-10-A-8807 at Ambattur to Avadi CTH Road, near Murugappa Polytechnic, another motor cycle bearing registration No. TN 20-AQ-4176 driven in a rash and negligent manner endangering the public safety came at dangerous speed from the same direction and dashed against the motor cycle of the petitioner in the back side. The first respondent, the owner of the motor cycle and the second respondent, the insurer were claimed to be vicariously liable to pay compensation to the petitioner with interest and cost.

(3.) In the counter affidavit, it had been stated that the petitioner should be put to strict proof of the alleged accident and the involvement of the vehicle in question and the manner of the accident and the injuries suffered due to the accident. It was also stated that the nature of injuries, nature of treatment, period of treatment and the disability suffered should be proved through proper documentary and oral evidence. During the course of trial, three witnesses had been examined as PW-1, PW-2 and PW-3 and 19 documents had been marked as Exs. P-1 to P-19. On the side of the second respondent, no oral evidence was adduced. PW-2 was Dr.Saravanabhavanandham and PW-3 was Dr.Mathiyazhagan. They both spoke about the injuries suffered by the petitioner and the nature of treatment which was given to him.