R M ARUNACHALAM Vs. V PARTHASARATHY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred by the Claimant in M. C. O. P. No. 2123 of 1998 on the file of the Motor Accident Claims Tribunal (II Judge, Court of Small Causes), Chennai, challenging the order of dismissal dated 7. 3. 2000.

(2.) THE case of the appellant/claimant is that on 10. 4. 1996 at about 10. 00 p. m. when he was returning to his house from office in his motor bike bearing registration No. TN-02-A-6282 in the third main road, Ambattur Estate, a lorry bearing registration No. TSA 4327 driven by its driver in a rash and negligent manner, came in a high speed and hit against him and he was thrown out from the motor bike. In the said accident, the appellant/ claimant sustained grievous injuries and fractures and he was hospitalised for ten days and was bed-ridden for about six months. For the injuries and disability sustained, medical expenses incurred, etc. , the appellant approached the Tribunal claiming Rs. 1,98,500/- from the owner of the lorry/first respondent and the Insurance Company/second respondent with whom the lorry was insured.

(3.) THE second respondent/insurance Company filed counter affidavit contending that the Police records show that the injured person was one L. Arun, Son of Lakshmanan and the appellant/claimant was not the injured person and therefore the appellant/claimant has to prove that actually he is the injured person and is entitled to claim compensation.