S DHANAPAL Vs. A JEROME

JUDGEMENT

(1.) AGGRIEVED by the award of the Tribunal, dated 05. 07. 2000 made in M. C. O. P. No. 344 of 1995 on the file of Motor Accidents Claims Tribunal (First Additional District Judge cum Chief Judicial Magistrate), Salem, the petitioner has preferred this appeal.

(2.) ON 19. 04. 1993, about 8. 30 a. m. , when the appellant was proceeding in his Yamaha Motor Cycle bearing Registration No. TCY 1935 from his house to his factory at Meyyanoor main road, another Rajdoot Motor Cycle bearing Registration No. TNS 4409 owned by the first respondent and driven by the second respondent came in a terrific speed and hit the appellant, as a result of which, the appellant sustained severe head injuries, became unconscious and went in to deep coma. He was admitted in Apollo Hospital, Madras as inpatient for effective expert treatment for the head injuries, which were critical and serious. The appellant was doing business in Sago Factory, earning Rs. 7,500/- per month. According to the appellant, the accident took place only due to the rash and negligent driving of the second respondent. The fourth respondent is the insurer of the motor cycle owned by the appellant. The appellant claimed Rs. 2,50,000/- as compensation from all respondents.

(3.) THE third respondent Insurance Company resisted the claim of the appellant contending that the motor-cycle was not driven rashly and negligently by the second respondent and it is the appellant, who drove the motor-cycle recklessly. They denied any insurance coverage for the vehicle bearing Registration No. TNS 4409 driven by the second respondent.