P. PARTHIBAN Vs. S. RAJASEELAN AND ANOTHER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant, challenging the judgment and decree dated 22.12.2015 made in M.C.O.P. No. 4777 of 2010 on the file of Motor Accident Claims Tribunal, Special-Sub Judge, No. 1, Chennai.

(2.) The case of the petitioner is that on 12.07.2010, at 17.30 hours, when the petitioner was travelling as a pillion rider in a two wheeler bearing Reg. No. TN-20-BY-5982 from east to west in Mount to Poonamallee Road, a Mahendra Van bearing Reg. No. TN-04-Y-6384, owned by the 1st respondent and insured with the 2nd respondent coming in the opposite direction at high speed and driven in a rash and negligent manner, dashed against the two wheeler in which the petitioner sustained grievous multiple injuries all over the body. According to the petitioner, the rash and negligent driving of the 1st respondent van driver alone caused the accident and as the owner and insurer of the vehicle, the respondents are liable to pay the compensation. The petitioner further states that on the date of the accident, he was working as a Mechanic at Aarthi Bajaj Motors at Iyyappanthangal and was earning a sum of Rs. 5000/- per month. The petitioner states that due to permanent disability suffered by him, he is not able to attend to any work. Thus, the petitioner claims a sum of Rs. 6 lakhs as compensation for the injuries suffered by him.

(3.) On the other hand, opposing the petition, the 2nd respondent/Insurance Company filed a detailed counter contending that the petitioner has to prove his age, avocation, income, disability suffered by him and the manner of accident. It is further stated that the petitioner also contributed to the accident by his own negligent act and as such, the 2nd respondent alone cannot be held responsible for the accident. It is further stated by the 2nd respondent that no material is placed before the court to prove the nature of injury suffered by the petitioner as alleged by him. Thus, the 2nd respondent seeks dismissal of the petition.