C.PANDIYAN Vs. RAJA RAJA CHOZHAN

JUDGEMENT

(1.) The appellant is the claimant in M.C.O.P.No.695 of 2012 on the file of the Additional District Judge, Motor Accidents Claims Tribunal, Fast Track Court No.IV and he filed the said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.5,00,000/- for the injuries sustained by him in a road accident that took place on 29.04.2004.

(2.) The brief case of the claimant is as follows: On 04.11.2002, the claimant was riding his bi-cycle near Adaikalam Kathar Temple, Killanur. At about 1.30 p.m. a speeding TVS 50 bearing registration No.TN-55-F-8647, ridden by the first respondent, hit the claimant, as a result of which, he sustained grievous injuries . According to the claimant, the rash and negligent riding of the two wheeler by the first respondent was the cause of the accident and that since the first respondent had insured his two wheeler with the 2nd respondent, both of them are jointly and severally liable to pay compensation to him.

(3.) The first respondent remained absent before the tribunal and therefore, he was set exparte. The 2nd respondent, Insurance company contested the claim petition.