LAWS(MAD)-2018-1-879

S NAGARAJAN Vs. R GOPAL

Decided On January 29, 2018
S NAGARAJAN Appellant
V/S
R GOPAL Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 02.07.2010 made in MACT.O.P.No.2854 of 2005 on the file of Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that on 04.07.2005 at about 14.25 hours, when the petitioner was proceeding in his motorcycle bearing Reg.No.TN 10B 3787 in EVR Periyar Salai, Chennai, due to red signal, he stopped his motorcycle at the junction of Gangu Reddy Subway and at that time, a van bearing Reg.No.TN 01 R 9988 came from behind in high speed, driven in rash and negligent manner, dashed against the motorcycle. Due to that, the petitioner sustained injuries. The Petitioner claimed compensation of Rs.6,00,000/- from the respondents by stating that the driver of the van is the cause for the accident.

(3.) On the other hand, opposing the claim of the petitioner, by filing counter, the 2nd respondent/Insurance Company disputed the claim of the petitioner about the nature of the accident. It is further stated that on the date of the accident, there was no valid fitness certificate for the van. The amount of compensation claimed is excessive. Thus the 2nd respondent/Insurance Company sought for dismissal of the Petition.