K.BALAMURUGAN Vs. D.GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 31.10.2012, passed in MACOP No. 625 of 2012, on the file of the Motor Accident Claims Tribunal ( Special Subordinate Court), Dindigul.

(2.) The appellant herein is the sole respondent in MCOP No. 625 of 2012, on the file of the Motor Accident Claims Tribunal ( Special Sub-Judge Court), Dindigul. The respondent herein is the claimant and filed the above claim petition under Sections 140 & 166 of the Motor Vehicles Act, claiming restricted compensation for Rs. 9,00,000/-, on account of the injuries sustained by him in a road accident that took place on 01.01.2010 at 105 a.m.

(3.) The case of the claimant, before the Tribunal, is that while the claimant was riding his bicycle from west to east, in the extreme left side of the road near the city hospital, Dindigul, the respondent's TVS Victor Bike, bearing Registration No. TN-59- V-6169, which was driven by its driver, came behind the claimant with alarming speed and dashed against the claimant's bicycle and due to the impact, the claimant sustained grievous injuries and the accident occurred due to rash and negligent driving of the two wheeler of the respondent, by its rider and hence, the respondent is liable to pay compensation. FIR was also registered against one Karthikeyan, who drove the vehicle on the date of the accident in Crime No. 5 of 2010 under Sections 279 & 373 of IPC., by the Taluk Police Station on 01.10.2010, on the basis of the written complaint given by the claimant/injured, while he was under treatment in the city hospital, Dindigul at about 7.15 Hrs.