S A VIJAYASAGAR Vs. PALANISAMY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred against the judgment and Decree dated 18. 08. 2000 passed in MCOP No. 687/96 on the file of the Motor Accident Claims Tribunal/principal Sub judge, Salem , dismissing the Claim Petition preferred by the appellant.

(2.) FACTS which led to the present appeal are that on 02. 02. 1996, at about 12 noon, the appellant was riding his motorcycle from the state Bank Colony to Gugai , Salem. It is alleged that one Venkatachalam , S/o Perumal , was the pillion rider. According to the appellant, at the place where the Cross road meets the Salem Bangalore Main Raod , when the appellant had stopped his vehicle, the first Respondent, driving his motorcycle in a rash and negligent manner, dashed against the claimant's stationary vehicle, as a result of which, claimant's motorcycle was badly damaged. According to the appellant, he was thrown away from his vehicle and sustained injuries on his left temple and left shoulder. Alleging that the accident has occurred due to the rash and negligent driving of the first Respondent, appellant filed Claim Petition claiming damages towards the damages to the vehicle and also for the injuries sustained by him.

(3.) CHALLENGING the findings of the Tribunal, the learned counsel for the appellant has submitted that the Tribunal has failed to take note of the fact that only the appellant drove the motorcycle and that for the damages to the vehicle, the second respondent Insurance Company is liable to compensate the appellant. It was further submitted that the appellant sustained simple injuries and that the Tribunal has erred in not awarding compensation towards the injuries sustained by the appellant.