A SENTHIL KUMAR Vs. S HARICHANDRA BABU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 16.12.2011 made in MACT.O.P.No.153 of 2010 on the file of Motor Accident Claims Tribunal, Subordinate Judge, Perambalur.

(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 13.05.2009 at 00.15 hours, when the petitioner was riding his TVS Moped bearing Reg.No.TN 29 Q 7432 near new bus stand leading from four road, a LPG Tanker Lorry bearing Reg.No.TN 45 S 9767 came in the same direction and dashed against the Petitioner's vehicle from behind resulting in the petitioner sustaining grievous injuries. The Petitioner claims that the negligence of the 1st respondent vehicle driver alone caused the accident and sought compensation of Rs.10,00,000/-.

(3.) On the other hand, opposing the petition, the 2nd respondent/Insurance Company in its counter, averred that the manner of accident and the nature of injuries suffered by the Petitioner has to be proved. The claim of the petitioner as regards compensation is excessive and the petition has to be dismissed.