P. ARJITH RAAJ Vs. G. KUMAR

JUDGEMENT

(1.) The appellant is the claimant in M.C.O.P.No.2580 of 2011 on the file of the II Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai. He filed the above said claim petition under Section 166 of the Motor Accident Claims Tribunal, seeking compensation of Rs.11,00,000/- for the injuries sustained in the road accident that took place on 07.07.2011, at about 17.00 hours, when the appellant/claimant was riding his motorcycle bearing Registration No.TN 09 AE 3894 from north to south direction in North Boag Road and turned towards west direction opposite to M/s Golden Sports and Recereation Club by giving signal.

(2.) According to the appellant/claimant, when he was nearing the signal, the first respondent motorcycle bearing Registration No. TN 01 Y 9398 came from south to north direction in North Boag road belonging to the first respondent and insured with the second respondent, hit the motorcycle bearing Registration No.TN 09 AE 3894, as result of which, he sustained grievous injuries all over his body. He further contended that the rash and negligent riding of the rider of the motorcycle bearing Registration No. TN 01 Y 9398 was the cause of the accident since that the motorcycle bearing Registration No.TN 09 AE 3894 was insured with the second respondent, both of them are jointly and severally pay compensation to him.

(3.) The first respondent remained absent before the tribunal and therefore he was set ex-parte. The second respondent United India Insurance Company Limited, Chennai contested the claim petition. The II Judge, Small Causes Court, Chennai after analysing the evidence on record, the tribunal has awarded a compensation of Rs.6,09,000/- together with interest at the rate of 7.5% per annum to the appellant/claimant.