RAJAMANI Vs. D GOWRI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the award passed by the Motor Accidents Claims Tribunal (Additional Subordinate Judge),Thiruvannamalai, dated 28.09.2001 made in M.C.O.P.No.125 of 1997.

(2.) THE appellant herein had filed a petition under Section 166 of the Motor Vehicles Act against the respondent herein claiming a sum of Rs.50,000/- as compensation based on the allegation that he sustained injuries in a road accident that took place on 29.07.1996 at about 11.00 a.m. on Poonamallee High Road, near the Commercial Check Post in Poonamallee. It was further contended therein that the appellant/petitioner was employed as a cleaner in the lorry bearing Registration No.TN-29-X-2316 that on the fateful day he got down from the said lorry at the check post and was proceeding towards the check post for getting the seal of the check post authority in the documents that while thus proceeding towards the check post, the lorry bearing Registration No.PYS-3070, belonging to the first respondent herein, driven by its driver in a rash and negligent manner, came at a high speed as a result of which, the same dashed against the appellant/petitioner and caused to the accident. Contending further that the rashness and negligence on the part of the driver of the said lorry had caused the accident and that the said accident resulted in grievous injuries to the appellant/petitioner leading to permanent disability, the petitioner had claimed the above said amount for compensation from the respondents herein. THE claim against the second respondent was made based on the plea that the said offending lorry stood insured with the second respondent as on the date of accident as per the information received by the appellant/petitioner.

(3.) AS against the said judgment and decree of the Tribunal, the appellant/petitioner has come forward this civil miscellaneous appeal on various grounds set out in the memorandum of appeal.