P. RAGHAVAN Vs. GOPALAKRISNAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimant, challenging the Judgment and Decree dated 16.03.2004, made in M.C.O.P.No.1169 of 2002, on the file of the Motor Accident Claims Tribunal, [II Additional Subordinate Judge], Tirunelveli.

(2.) The case of the claimant/appellant, as could be culled out from the Claim Petition, is that on 18.08.2002 at about 08.30 PM, while he was standing on the left side of east-west Tisayanvilai - Udangudi Main Road at Thatarmadam Bazaar, a TATA SUMO Car bearing Registration No.TN-72-X-7777, belonging to the first respondent and insured with the second respondent - Insurance Company came from east to west in a rash and negligent manner and dashed against the claimant, as a result of which, the claimant sustained fracture injury over the jaw, besides multiple injuries all over the body. Immediately, after the occurrence, the claimant was taken to Tirunelveli Medical College Hospital at Palayamkottai, where he was treated as inpatient from 18.08.2002 to 21.08.2002 and thereafter, the claimant took treatment in a private hospital and he had also undergone a surgery. Since the accident was due to the rash and negligent driving of the vehicle, belonging to the first respondent and insured with the second respondent, the claimant made a claim as against the owner of the vehicle, claiming compensation for a sum of Rs.2,00,000/-.

(3.) The said Claim Petition was resisted by the second respondent - Insurance Company, by filing a counter statement stating that on the date of accident, viz., on 18.08.2002, there was no policy coverage for the vehicle and thus, the Insurance Company is not liable to pay the compensation.