K ABOOBACKER SIDDIQUE Vs. V MEENAKSHI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed against the judgment and decree dated 13.08.2010 made in M.C.O.P.No.93 of 2008 on the file of the Ivth Additional Sub-Judge (Motor Accident Claims Tribunal), Madurai.

(2.) The appellant is the claimant in M.C.O.P.No.93 of 2008. He filed the said claim petition, claiming a sum of Rs. 7,00,000/- as compensation for the injuries sustained by him in the accident that took place on 24.10.2006. According to the appellant, on that day, at 7.00 p.m., when he was riding a motorcycle at a moderate speed, a lorry was going in front of him slowly, after giving signal, the appellant tried to overtake the lorry. At that time, a two wheeler driven in the opposite direction by the first respondent in a rash and negligent manner, dashed against the motorcycle and caused the accident. The appellant has sustained multiple injuries and taken treatment as in-patient in the hospital. The appellant, on the above averments, filed the claim petition. The respondents 1 and 2 filed a separate counter statement and denied all the averments made in the claim petition and contended that the accident occurred only due to rash and negligent riding by the appellant and the respondents are not liable to pay any compensation and prayed for dismissal of the claim petition.

(3.) Before the Tribunal, the appellant examined himself as P.W.1 and examined two other witnesses as P.Ws.2 and 3 and marked 20 documents as Exs.P1 to P20. On the side of the respondents, the rider of the TVS Scooty bearing Registration No.TN 58 J - 2109 was examined as R.W.1. The respondents did not mark any documents.