SIVAKUMAR Vs. N AMMASAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the decree and judgment dated 30.08.2013 made in M.C.O.P.No.355 of 2011 on the file of Motor Accident Claims Tribunal, Subordinate Court, Bhavani, Erode District.

(2.) For the sake of convenience, the parties are referred to herein as per the litigative status before the Tribunal. The case of the petitioner is that on 19.07.2011 at about 4.45 p.m., while the petitioner was going in a Tractor bearing Reg.No.TD-Q-1662 in the Salem to Kovai NH 47 Road, near Kullankadu, a college bus bearing Reg.No.TN-34-L-0416 driven by the 1st respondent came at high speed, dashed against the Tractor, in which the petitioner was sitting, resulting in grievous injuries to him. The negligence of the driver of the 2nd respondent College bus, who is the 1st respondent, is the sole cause for the accident. It is stated in the claim petition that the petitioner was aged 32 years and by working as a cooly, was earning Rs.10,000/- per month. Due to the injuries suffered by him, he is unable to carry on his work and for the injuries caused to him, the petitioner sought compensation of Rs.5,00,000/- from the respondents 2 and 3 who are the owner and insurer of the offending vehicle.

(3.) 3.1. On the other hand, opposing the petition, by filing counter, the 2nd respondent/owner of the vehicle contends that the accident did not occur as alleged by the petitioner. The 1st respondent, who was driving the bus possessed valid driving licence. The said bus was insured with the 3rd respondent. The Tractor Trailer in which the petitioner was proceeding came at high speed and dashed against the bus. Since the Tractor/Trailer was used for carrying sand without any proper permit, the petitioner is not entitled to seek compensation. The claim of the petitioner is exorbitant. Thus, the 2nd respondent sought for dismissal of the petition.