LAWS(MAD)-2018-1-687

V BASKAR Vs. N SANKAR

Decided On January 11, 2018
V Baskar Appellant
V/S
N Sankar Respondents

JUDGEMENT

(1.) The appellant/claimant has filed this appeal against the judgment and decree dated 05.02.2015 made in MACT.O.P.No.193 of 2012 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. On 18.11.2010 at about 9.30 hours, while the petitioner was riding the Motor Cycle bearing Reg.No.TN-19-4311 at ECR Road, a Van bearing Reg.No.TN-21-K-0218 was driven by its driver in a rash and negligent manner, hit the petitioner's motor cycle, thereby, he sustained grievous injuries. The Petitioner claimed total compensation of Rs.15,00,000/-.

(3.) On the other hand, the 2nd respondent/Insurance Company opposed the Petitioner's claim by stating that the driver of the first respondent's vehicle was not holding a valid driving licence at the time of the accident and hence, they are not liable to pay any compensation. It is further stated that the amount of compensation claimed is highly excessive and sought to dismiss the petition.