MUTHU BHARATHI Vs. PARTHIBAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the Petitioner/Appellant, against the judgment and decree dated 28.11.2014 made in MCOP.No.4598 of 2011 on the file of learned Motor Accident Claims Tribunal, V Judge, Court of Small Causes at Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioner viz., L.Muthu Bharathi aged 9 years represented by his father is that on 10.07.2011, at about 21.30 hours, when the minor petitioner was travelling as pillion rider in the bicycle along with his father, while going near old Tasmac shop in Elaiyanarkuppam, a two wheeler bearing Reg.No.TN-19-B-8710 belonging to the 1st respondent came at high speed, driven in a rash and negligent manner, dashed against the bicycle in which the minor petitioner was going due to which he sustained grievous injuries all over his body. The minor petitioner was aged 9 years and was studying 4th standard. It is stated that due to the injuries suffered by him in the accident, his education is affected. Thus, the petitioner seeks a sum of Rs.7,00,000/- as compensation from the respondents-owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance Company contended that the accident did not occur in the manner alleged by the Petitioner. The amount claimed by the Petitioner is exorbitant. The Petitioner is not suffering from any incapability due to the injuries suffered by him. The manner in which the accident took place is disputed. There was no negligence on the part of the 1st respondent driver. It was only due to the negligence of the petitioner, the accident took place. Thus, the 2nd respondent sought for dismissal of the Petition.