ARUNACHALAM Vs. RAMU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Petitioner, challenging the judgment and decree dated 16.08.2010 passed in M.C.O.P.No.27 of 2006 on the file of Motor Accidents Claims Tribunal, Principal Sub Judge, Thiruvannamalai.

(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 28.03.2005 at about 5 am., while the petitioner was proceeding as a Loadman in Thiruvannamali-Chengam Road in the 1st respondent vehicle bearing Reg.No.TN-21-R-2325, the driver of the said vehicle drove the van at high speed, in a rash and negligent manner and as he lost control, the van capsized, resulting in the petitioner suffering fracture and grievous injuries all over the body. The Petitioner states that the accident occurred only due to rash and negligent driving of the 1st respondent vehicle driver only. The petitioner was aged 65 years and by working as cooly in the 1st respondent van, was earning Rs.4000/- per month. Due to the injury suffered, he is unable to attend to his normal work. Thus, the petitioner sought for a sum of Rs.1,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance company contends that the accident did not occur in the manner alleged by the Petitioners. There was no communication from the 1st respondent to the 2nd respondent. The claim of the petitioner about the age, avocation and income of the deceased is denied. The petitioner was not travelling as a load man in the vehicle. The accident did not occur due to the negligence of the driver of the vehicle. The claim of the petitioner is exorbitant. Thus, the 2nd respondent sought for dismissal of the petition.