P. BASKAR Vs. T. RAJA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been directed against the award dtd. 15/3/2013 made in M.C.O.P. No. 148 of 2009 by the learned III Additional Sub Judge, Motor Accidents Claims Tribunal, Trichy.

(2.) It is a case of injury caused due to the accident that took place on 25/5/2008 at about 7.30 p.m, at Kadukaithurai to Eratai Mandabam road. On the date of accident, the petitioner/claimant was travelling as a pillion rider in TVS 50 Motor bike bearing registration No. TN 48 A 8561, which was driven by one Rajendran at Kadukaithurai to Eratai Mandabam road and when the motor bike was nearing Kadukaithurai water tank, a minidoor auto bearing registration No. TN 48 F 0774, which was owned by the first respondent and insured with the second respondent, came from the opposite direction, in a rash and negligent manner and dashed against the motor bike and caused injuries to the petitioner/claimant and the rider. In the said accident, the petitioner/claimant suffered 32% permanent disability. Hence, he has filed the above MCOP, seeking compensation.

(3.) Before the Tribunal, the claimant examined four witnesses as P.Ws.1 to