DIVISIONAL MANAGER Vs. C MATHIVANAN

JUDGEMENT

(1.) Calling in question the decree and judgment dated 06.10.2016 passed in M.C.O.P.No. 3557 of 2013 by the Motor Accidents Claims Tribunal (Court of Special Subordinate Judge), Cuddalore, the present civil miscellaneous appeal is filed.

(2.) The facts in a nutshell are as under: The first respondent herein is the victim who filed M.C.O.P.No.3557 of 2013. In the claim petition, it is averred that on 28.04.2013, at about 13.00 Hours, when the claimant was proceeding in the fourth respondent's Indica Car bearing registration No.TN 59 AB 6160 from south to north, on the overbridge, driven by its driver, the fourth respondent, at a moderate speed, the second respondent's tanker lorry bearing registration No.TN 30 AA 3939 came from behind at a great speed in a rash and negligent manner and tried to overtake the car in which the first respondent was travelling and in the process, the tanker lorry hit the car in which the first respondent was travelling and a result, the care capsized and the petitioner sustained multiple fractures and grievous injuries. It is stated that the driver of the Indica Car and other occupants were injured in the accident.

(3.) It is stated that taking advantage of the situation, the second respondent's vehicle rushed to the police station and gave a false complaint against the driver of the Indica Car and though the fact of negligence of the tanker lorry driver was explained to the police at the time of their visit to the Government Hospital, Perambalur, FIR was registered against the driver of the fourth respondent's Indica Car. It is the specific case of the first respondent that the accident was caused due to the driver of the second respondent's tanker lorry.