K. RAMESH Vs. M. NATESAN

JUDGEMENT

(1.) This Civil Miscellaneous has been preferred against the judgement and decree 10/12/2002 passed in MCOP. No. 60 of 2001 on the file of the Motor Accidents Claims Tribunal (Sub Court),Tiruvarur

(2.) Brief facts leading to the claim application are as follows; On 12/6/2000 at 6 am, the petitioner along with his two friends were proceeding in a Hero Honda Motor Cycle from Tiruvarur to Thanjavur. The said motor cycle was ride by the petitioner in a slow and cautious manner. At the time near Nagapattinam" Thanjavur road, a tanker lorry bearing registration number SR 46, 7383 driven by its driver, came in a rash and negligent manner and hit against the motor cycle, as a result, the petitioner, who ride the motorcycle and his friend namely Ashok Kumar were thrown away, both sustained serious injuries. For the said injuries, the petitioner was given treatment in various hospitals and he took treatment as inpatient. He also sustained disability, which resulted him the inability to continue his profession as teacher. Hence the petitioner has claimed a sum of Rs.25,00,000.00 as compensation.

(3.) The 2nd respondent in his counter statement has stated that whether the driver of the tanker lorry was having a valid and effective driving license and having insurance with this respondent at the time of the accident is in question and further stated that the said accident had occured only due to the negligence on the part of the petitioner, who ride motorcycle. It is further stated that the petitioner was not in possession of valid license for riding two wheeler. It is further stated that the compensation claimed by the petitioner is excessive, since his monthly income was only Rs.9,975.00.