BABU Vs. P.H.DANIEL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the judgment and decree made in M.C.O.P.No.617 of 2007, dtd. 6/4/2011. The claimant is the appellant herein, who has preferred the appeal for enhancement of compensation awarded by the Tribunal.

(2.) The brief case leading to the claim petition is that on 7/8/2007, at about 04.00 hours, when the appellant/claimant was proceeding in the Kavaraipettai to Sathyavedu road near Suntex Company in his Hero Honda motorcycle bearing Registration No.TN 05 F 1436 as pillion rider and the first respondent was rider of the said vehicle. The said first respondent riding the said vehicle in a rash and negligent manner and hit against the another motorcycle bearing Registration No.TN 09 AK 5785 and dashed against the same and the appellant/claimant as well as the first respondent/rider of the said vehicle sustained severe injuries and this accident occurred only due to the rash and negligent riding of the rider of the said vehicle and the appellant/claimant claimed a sum of Rs. .006,00,000.00 as compensation for the injuries, loss of income, pain and sufferings and other related sufferings.

(3.) The second respondent / Insurance Company denied the mode of accident and also aggrieved that the claim application has prayed for non- joinder of closer responsibilities, because the claimant has failed to implead the other vehicle and the insurance company which involved in the said accident.