ANBURAJ Vs. R SITHANTHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Petitioner, challenging the judgment and decree dated 17.11.2014 passed in M.C.O.P.No.2814 of 2013 on the file of Motor Accidents Claims Tribunal, III Small Causes Court at 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 05.08.2008 at about 19.30 hours, while the petitioner was walking along Dr.Kalaignar Karunanidhi Street, Tharamani, Chennai, a Motor Cycle bearing Reg.No.TN-07-AQ-2954 came at high speed, dashed against the petitioner who was walking on the left extreme side of the road, causing him head injury. The accident occurred only due to negligence of the said two wheeler rider. The Petitioner suffered total loss of vision in his left eye. At that time, the petitioner was studying in 7th standard and he was aged 12 years. Due to the injury suffered, his studies is affected. Thus, the petitioner sought for a sum of Rs.10,00,000/- as compensation from the respondents, who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the petitioner, the 2nd respondent Insurance company contends that the accident does not occur in the manner alleged by the Petitioner. The 1st respondent has not informed the insurer about the accident. The offending vehicle was not insured with the 2nd respondent and as such, they are not liable to pay compensation. The accident occurred only due to negligence of the minor petitioner, who suddenly crossed the busy road, without caring for the oncoming traffic. The amount claimed by the Petitioner is excessive. Thus, the 2nd respondent sought for dismissal of the petition.