IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. BALAMUTHU

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment and decree made in MP No.1262/2013 in MCOP No.1174 of 2010, dated 12.04.2013 on the file of the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai.

(2.) The petitioner is second respondent, first respondent is the claimant and the second respondent is the first respondent in MCOP No.1174 of 2010 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai. The first respondent filed the above claim petition claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident occurred on 16.01.2010.

(3.) According to the first respondent, due to the injuries sustained by him in the accident, he suffered total disability of 160%. The petitioner filed counter statement and is contesting the claim petition. Trial commenced. The first respondent examined three doctors as PW2 to PW4. The petitioner cross examined the doctors who gave evidence as PW2 to PW4 on behalf of the first respondent. The petitioner filed present M.P No.1262 of 2012 under Section 169 (3) and Section 153 of CPC for permission to call for the doctors of Miot Hospital who gave treatment, as witnesses and also direct the petitioner to appear before the court to assess the disability for assisting the court.