MOHAMMED RAFFIYUDEEN AND OTHERS Vs. THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LIMITED AND OTHERS

JUDGEMENT

(1.) The Appellant in CMA is the Transport Corporation and the Cross Objector is the claimant/injured Petitioner have filed the above appeal and cross objection, challenging the order and decree dated 15.06.2015 made in M.C.O.P.No.1834 of 2010 on the file of Motor Accident Claims Tribunal, Special Subordinate Court, Cuddalore.

(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 01.08.2010 at about 1.00 p.m., while the petitioner was riding his motor cycle bearing Reg. No. TN-51-Q-3539 at Vilandhidasamuthiram, the respondent bus bearing Reg. No. TN-49-N-1485 came at high speed, dashed against the two wheeler of the petitioner, causing him multiple fracture and grievous injuries all over the body. According to the Petitioner, the accident occurred only due to negligence of the respondent bus driver. The Petitioner was admitted in G.H., Sirkali and continued to undergo treatment in Private Hospital. The Petitioner was aged 20 years and was studying in Muthiya Polytechnic, Chidambaram and that due to accident, he is not able to concentrate in his studies, sports and other extra curricular activities. Thus, the Petitioner sought for a sum of Rs. 25,00,000/- as compensation from the respondent.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the respondent/Transport Corporation contends that the accident occurred only due to negligence of the Petitioner who drove the vehicle without valid driving licence. The respondent was proceeding at normal speed and as it approached Vilandhidasamuthiram, the two wheeler tried to overtake the bus and lost control and dashed against the front right side corner of the bus resulting in the accident. The owner and insurer of the two wheeler are not added to the Proceedings and the Petition is bad for nonjoinder of necessary parties. The claim of the Petitioner about injury suffered, age and other averments are denied. The claim of the petitioner is exorbitant. The respondent sought for dismissal of the Petition.