M PANDIAN Vs. GHOUSE BASHA

JUDGEMENT

(1.) The Appellant/Claimant has filed this appeal, challenging the order and decree dated 17.03.2017 made in M.C.O.P.No.7200 of 2013 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. The case of the Petitioner is that on 19.10.2013 at about 9.45 p.m., while the Petitioner was riding the motor cycle bearing Reg.No.TN-22-AS-1914, in the Pantheon Road, from east to west, while going near Dhiya Yuvan church, the 1st respondent motor cycle bearing Reg.No.TN-03-E-2757 came at high speed, in the opposite direction, dashed against the Petitioner's motor cycle and as the petitioner fell down, sustained injury in his head, both legs as well as hands. The accident occurred due to negligence of the 1st respondent two wheeler rider only. The Petitioner was aged 24 years and by carrying on flower vending business was earning Rs.10,000/- per month. Due to the injury suffered, he is unable to attend to his normal avocation resulting in loss of income to him. Thus, the Petitioner sought for Rs.10,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance company contends that the accident does not occur in the manner alleged by the Petitioner. The 1st respondent vehicle was not insured with the 2nd respondent. Even if the Policy was in force, liability is restricted as per the terms of the Policy. The rider of the vehicle bearing Reg.No.TN-03-2757 was not involved in the accident. The rider of the 1st respondent vehicle did not possess valid driving licence. As such, the 2nd respondent is not liable to pay compensation. The amount claimed by the Petitioner is highly excessive. Thus, the 2nd respondent sought for dismissal of the Petition.