VEDIAPPAN Vs. JEYAPAL

JUDGEMENT

(1.) This CMA has been preferred by the claimants against the judgment and decree passed in MCOP. No. 230 of 2011 dtd. 11/12/2012 on the file of the Motor Accident Claims Tribunal (Additional Sub Judge), Tiruvannamalai. Brief facts of the case are as follows;

(2.) On 27/4/2001 at about 9.15 am when the petitioner was riding his two wheeler bearing registration number TN09 AC 9068 in a slow and careful manner by following traffic rules in the extreme left side of the road and at the time a TATA Van bearing registration number TN 49 D 9364 belongs to the first respondent driven by its driver in a rash and negligent manner from West to East and dashed against the petitioner. In the result, the petitioner sustained serious injuries. The claimant was also taken to Tiruvannamalai Government General Hospital immediately for treatment. A Criminal Case was also registered by the Tiruvannamalai Town Police in Crime NO. 795 of 2011 U/s. 279 and 338 IPC . The injured has claimed compensation for Rs. 20.00 lakhs for loss of income, loss of earning power, pain and suffering and medical expenses, permanent disability.

(3.) The 2nd respondent/Insurance Company in the counter statement denied the mode of accident and negligence on the part of the first driver as stated by the claimant in the claim petition. The other aspects regarding claim made by the claimant under various heads also very much denied. The further averment made by the respondent/Insurance Company is that the petitioner himself had fallen down on the road and sustained injuries and the petitioner has not possessed valid driving license at the time of the accident.