M ILAYARAJA Vs. A KUPPUSAMY

JUDGEMENT

(1.) THE appellant/petitioner has filed the above civil miscellaneous appeal No.1027 of 2005 against the judgment and decree in MACT O.P.No,28 of 2004 passed by the Motor Accident Claims Tribunal cum Principal Subordinate Court, Nagapattinam, awarding a compensation of Rs.2,02,400/-, as against the claim of Rs.10,00,000/-.

(2.) THE appellant/petitioner has restricted his claim to Rs.5,00,000/- in the appeal and has filed this appeal for the balance of claim i.e. Rs.2,97,600/-

(3.) THE second respondent, New India Assurance Company Limited, in its counter had stated that they had not received any claim from the vehicle owner in respect of the accident. THE second respondent denied that the vehicle was insured with it at the time of accident. It was further submitted that the accident was not due to any rashness or negligence on the part of the driver of the first respondent, but had happened only due to the rash and negligent riding of the petitioner. Further, the petitioner had to produce valid and effective driving licence to drive the moped at the time of accident. It is claimed that the petition is bad for non joinder of necessary party i.e. the insurer of the moped. Further, the claim amount is excessive. It is further stated that the petitioner has not suffered any kind of disability and he is in normal health and continuing his avocation. THE income, occupation and age of the petitioner has not been admitted by the second respondent. Further the claim for damages to moped has to be rejected as no evidence has been given regarding details of alleged damages to the moped. As such, the second respondent has prayed for dismissal of claim petition with costs.