K SENTHIL KUMAR Vs. SAHADEVAN

JUDGEMENT

(1.) (This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 as against the Award and Decree of the Motor Accidents Claims Tribunal Sankari (Subordinate Judge) passed in M.C.O.P.No.50/93 dated 21.06.2000 and set aside the same.) This Civil Miscellaneous Appeal is directed against the judgment and decree of the Motor Accident Claims Tribunal (Sub-court, Sankari) dated 21.06.2000 made in M.C.O.P.No.50/93.

(2.) THE appellant herein alleging that he sustained injuries in a road accident involving the motor vehicle (tractor) belonging to the first respondent herein bearing Registration No.TN-28 Y-4128, made a claim against the respondents herein for a sum of Rs.1,50,000/- as compensation. According to the petition averments, while he was standing on the edge of the road at Vellandivalasu near Edappadi at about 2.00 p.m. on 13.01.1992, the above said vehicle belonging to the first respondent came there driven by its driver rashly and negligently and hit him causing injuries on the head and other parts of the body. Contending further that he took initial treatment at the Government hospital, Edappadi and then at T.V.G.Hospital, Salem, the claim for compensation was made against the first respondent. THE claim was made against the second respondent insurance company also on the plea that the said offending vehicle, on the relevant date, stood insured with the second respondent.

(3.) THE points that arise for consideration in this appeal are:- 1) Whether the finding of the court below that the accident alleged by the claimant was not true, is erroneous" 2) Whether the appellant/claimant is entitled to any compensation from the respondents" If so, what is the reasonable amount to which he is entitled"