R RAJA Vs. S RAJAN

JUDGEMENT

(1.) CHALLENGE in this appeal is the order of the Motor Accident's Claims Tribunal, Chennai in MCOP No. 330/1999, awarding compensation of Rs. 25,000/- only, as against the owner of the vehicle/first respondent and dismissing the claim in respect of the Insurance Company/second respondent.

(2.) ACCIDENT due to collision is between two autos. Case of the appellant is that on 07. 11. 1998 @ 9 p. m. , when the appellant was driving his auto bearing registration no. TN-01-C-2322 from east to west at MTH Road in front of Ramasami School, Ambattur, Chennai, another auto bearing Registration No. TSE 3485 came from the opposite direction in a rash and negligent manner, on the wrong side of the road and dashed against the appellant auto and thereby, the auto rickshaw was crushed and the appellant sustained grievous injury. The appellant had treatment for injuries sustained by him. Claiming damages of Rs. 2,00,000/- for the injuries sustained and for the damages to the auto, the appellant has filed the claim Petition.

(3.) THE second respondent/insurance Company resisted the claim Petition contending that the accident was not due to the rash and negligent driving of the auto bearing Registration No. TSE 3485. According to the Insurance Company, permission is in the name of Ramesh and in the name of Rajan and the appellant has not impleaded proper party and therefore, the second respondent/insurance Company is not liable to pay the compensation. The second respondent has also denied the vehicle being registered with it.