FRANCIS XAVIER Vs. KHAJA UDUMAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree dated 05.04.2014 made in M.C.O.P.No.432 of 2012, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Tirunelveli.

(2.) The appellant herein is the claimant and the respondents 1 to 3 respectively in M.C.O.P.No.432 of 2012, on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Tirunelveli filed the claim petition, under Sections 166 and 140 of the Motor Vehicles Act, claiming compensation of Rs.10,00,000/- with interest at 12% p.a., for the injuries sustained by him, in a road accident occurred on 16.07.2012.

(3.) The appellant, while he was riding a motor cycle, bearing Registration No.TN-69-AW-1710 from Southern side towards Northern side on the left hand side near Edaichivilai in the Thisayanvilai - Udankudi main road, the 2nd respondent drove the LMV Car - TATA Safari, bearing Registration No.TN-69-L-5868, in the opposite direction, in a rash and negligent manner and dashed against the motor cycle and thereby, caused accident, in which, the claimant sustained severe injuries and fractures. The first respondent is the owner of the offending vehicle and the same was insured with the 3rd respondent / Insurance Company.