LOGANATHAN Vs. VENKATESAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/petitioner against the Award and Decree, dated 07.09.2004, made in M.C.O.P.No.820 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.II, Ranipet, awarding a compensation of Rs.40,000/- with 6% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/petitioner has filed the above appeal praying to set aside the said award and decree passed by the Tribunal and enhance the award amount from Rs.40,000/- to 5,00,000/-.

(3.) THE fifth respondent/United India Insurance Co., Ltd., has also filed a counter statement and resisted the claim petition stating that the compensation of Rs.1,00,000/- claimed by the petitioner is not maintainable either in law or in facts. THE petitioner has to prove his age, occupation, income and physical health prior to the accident. THE respondent denies that the petitioner is continuing treatment and spent a sum of Rs.3,000/- towards medical expenses. THE respondent further denies that on 22.02.1990 at about 12.30 noon, on the high road, near Palar Club at Ranipet, the first respondent had driven the jeep in a rash and negligent manner and hit against the petitioner, who was standing at the edge of the road. Actually, the accident had happened due to the negligence of the petitioner. As such, the respondents are not liable to pay any compensation to the claimant. In any event, this respondent's liability is statutory limited, subject to the policy conditions. THErefore, the respondent fifth respondent prays to dismiss the claim petition.