M S VISWANATHAN Vs. RELIGARE FINVEST LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 28.02.2014 made in M.C.O.P.No.3182 of 2012 on the file of Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai.

(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 21.06.2012 at 22.45 hours, while the petitioner was riding his motor cycle bearing Reg.No.TN-55-AB-0565 in the New Avadi Road, Chennai, from east to west, a car bearing Reg.No.TN 06 C 3064 proceeding in the same direction, driven by its driver in a rash and negligent manner, hit against the petitioner's vehicle, thereby, the petitioner sustained grievous injuries. The Petitioner claimed total compensation of Rs.6,00,000/- for the injuries sustained by him.

(3.) On the other hand, opposing the petition by filing counter, the 2nd respondent/Insurance Company contended that the nature of accident and the manner in which it happened is to be proved by the Petitioner. The 1st respondent vehicle insured with the 2nd respondent and the driver had valid driving license at the time of alleged accident, also has to be proved. The claim made under various heads are excessive. Hence, the 2nd respondent sought dismissal of the claim petition.