RAMACHANDRAN Vs. RAMESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant [petitioner], challenging the judgment and decree dated 22.11.2010 passed in M.A.C.T.O.P.No.9 of 2008 on the file of the Motor Accidents Claims Tribunal [Chief Judicial Magistrate], Thiruvannamalai.

(2.) For the sake of convenience, the parties are referred to herein, as per their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that, on 31.10.2007 at about 01.30p.m., while he was proceeding to his Village in a two-wheeler bearing Registration No.TN-25-C-0097 along with his wife near Vanniyanagaram Koot Road in Thiruvannamalai - Thirukovilur Road, the Car owned by the first respondent bearing Registration No.TN-29-K-5386, came in a rash and negligent manner, dashed against the two-wheeler, due to which, the petitioner sustained grievous injuries. According to the petitioner, the accident occurred only due to the negligence of the driver of the Car. At the time of accident, the petitioner was aged about 55 years and was earning Rs.5,000/- per month, by working as an agricultural labour. It is stated that due to the injury suffered, he is not able to attend his regular work and hence, sought a sum of Rs.5,00,000/- as compensation from the respondents, who are the owner and the insurer of the said Car.

(3.) On the other hand, opposing the claim of the petitioner, by filing counter, the second respondent [Insurance Company] denied the accident itself and stated that only due to the rash and negligent driving of the injured, the accident occurred. The vehicle driven by the injured is not added as party in the claim petition. The age, avocation and income are also denied. The petitioner has not possessed with valid licence for driving the two-wheeler. The claim of the petitioner is exorbitant and thus, the second respondent sought for dismissal of the claim petition.