C GEORGE Vs. RAJU DOMINIC

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 22.09.2016 made in MACT.O.P.No.4165 of 2012 on the file of III Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioner is that on 03.06.2012, at about 2.30 hours, when the petitioner was walking in the Battachariyar Street, Ayanavaram, near the junction of P.E.Koil Street, a car bearing Reg.No.TN-20-AY-7252 came from behind, driven by its driver in a rash and negligent manner, dashed on the petitioner, thereby the Petitioner fell down and sustained grievous injuries. It is claimed by the Petitioner that the driver of the car is solely responsible for the accident. The 1st respondent/owner and the 2nd respondent/insurer of the car are statutorily and vicariously liable to pay the compensation. The Petitioner sought compensation of Rs.15,00,000/-.

(3.) On the other hand, opposing the petition by filing counter, the 2nd respondent/Insurance Company contends that the nature of accident and the manner in which it happened is to be proved by the Petitioner. The claim of the Petitioner about his age, monthly income and employment is denied. It is stated that the petitioner has to prove with proper evidence that the 1st respondent car has been properly insured with the 2nd respondent and the car is having valid permit, fitness certificate and the driver of the car was having a valid driving licence on the date of accident. Hence, the 2nd respondent sought for dismissal of the claim petition.