PRAHALATH JASMATHIYA Vs. V SANKARAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 as against the award of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai dated 25.09.2001 made in M.C.O.P.No.5347 of 1998.THIS civil miscellaneous appeal is directed against the award of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai dated 25.09.2001 made in M.C.O.P.No.5347 of 1988 in so far as the disallowed portion of the claim is concerned.

(2.) THE appellant herein had filed the above said MCOP claiming a sum of Rs.6,00,000/- as compensation from the respondents 1 and 2 herein as the owner and insurer of the offending vehicle, namely a trailer lorry bearing Regn.No.TN-09 C-9745, for the injuries sustained by him in an accident that took place on 29.10.1998 at about 2.15 p.m in Nerkundram on the Poonamallee High Road.

(3.) BASED on the above said pleadings, the Tribunal framed necessary issues regarding the question of negligence, the appellant's/petitioner's entitlement to claim compensation and quantum and tried the case. In the trial, five witnesses were examined on the side of the appellant/petitioner as P.W.1 to P.W.5 and fifteen documents were marked as Ex.P1 to Ex.P15 on the side of the appellant herein/claimant, whereas no witness was examined and no document was marked on the side of the respondents.