IYYANAR Vs. T RAMASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Petitioner, challenging the judgment and decree dated 07.10.2016 passed in MACT.O.P.No.3049 of 2012 on the file of Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that on 26.05.2012, at 23.00 hours, while the petitioner was proceeding in a Motor cycle bearing Reg.No.TN-05-X-7231, in E.H.Road, Dr.Ambedkar College Signal Junction, Vyasarpadi, Chennai, a Lorry bearing Reg.No.AP-04-X-3999 came in the same direction at high speed, dashed the motor cycle from behind, in which the petitioner was proceeding, resulting in the petitioner being thrown out and in the process suffered head injury and multiple internal and external injuries all over the body. The further case of the petitioner is that the accident occurred only due to rash and negligent driving by the driver of the 1st respondent lorry. At that time, the petitioner was aged 30 years and by working in a private concern, as Bill Collector, was earning Rs.9000/-. Due to the injury suffered, he is unable to attend to his normal work, as such, his future prospects is affected. The Petitioner sought for Rs.15,00,000/- 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 occurred only due to negligence of the petitioner, who was driving his two wheeler and not due to rash driving by the 1st respondent Lorry driver. The 1st respondent Lorry was not insured with the 2nd respondent at the time of the accident. The 2nd respondent is no way liable to pay any compensation. The claim of the petitioner is exorbitant. Thus, the 2nd respondent sought for dismissal of the petition.