M JUMMA KHAN Vs. A SHAUL AHMEED

JUDGEMENT

(1.) The petitioner/appellant has filed this appeal against the judgment and decree dated 05.08.2011 made in M.A.C.T.O.P.No.1403 of 2009 on the file of the Motor Accident Claims Tribunal, V Judge, Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioner is that on 16.01.2009 at about 8.20p.m., while the petitioner was proceeding in a two wheeler bearing Registration No.TN-04-AL-391 as pillion rider, the rider of the vehicle suddenly took high speed and dashed against the centre median of the road, resulting in petitioner suffering grievous injuries. The accident occurred only due to rash and negligent driving by the rider of the two wheeler, in which the petitioner was proceeding as a pillion rider. The petitioner suffered multiple injuries all over the body and suffered communited fracture of Maxillary sinus, fracture lateral wall of left orbit, fracture L.Zygomatic complex, open fracture both bones L.Forearm, Distal III Fracture radial styloid.