- (1.) THE appellant/4th respondent has preferred the present appeal in C.M.A.(MD).No.947 of 2005, against the judgment and decree passed in M.C.O.P.No.1862 of 1998, on the file of the Motor Accident Claims Tribunal, Additional District Sessions Court, Fast Track Court No.2, Madurai.
(2.) THE petitioner, has filed the present claim in M.C.O.P.No.1862 of 1998, claiming a compensation of a sum of Rs.3,00,000/- from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 05.06.1998, at about 24.15 hours, when the petitioner was travelling in the 1st respondents bearing registration No.TN-59N-0772 and when the bus was proceeding on the Madurai to Cumbam road, near Kannampalayam, the driver of the bus drove the bus in a rash and negligent manner and dashed against the 2nd respondent's bus bearing registration No.TN-60A-2437, coming in the opposite direction, which was also driven in a rash and negligent manner by its driver. In the impact, the petitioner sustained fractures in his right hand and injuries all over his body. He was immediately admitted in Uthamapalayam Government Hospital and subsequently, sent to Madurai Rajaji Hospital, wherein he took treatment, as an inpatient from 06.06.1998 to 11.06.1998. Subsequently, he took treatment as an inpatient at A.R.Hospital, from 12.06.1998 to 29.06.1998. Prior to occurrence of accident, the petitioner was running a photo and Video shop and earning Rs.5,000/- per month, but after the injuries sustained by him in the accident, he is not able to do his work as he used to do before the occurrence of the accident. Hence, the petitioner has filed the claim against the respondents, the 1st respondent is the owner of the bus bearing registration No.TN-59N-0772, the 2nd respondent is the owner of the bus bearing registration No.TN-60A-2437 and the 3rd respondent is the insurer of the bus bearing registration No.TN-60A-2437. The 4th respondent was subsequently added as a necessary party as it was found that they are the insurer of the bus bearing registration No.TN-60A-2437. The 1st respondent in his counter has submitted that the driver of the 1st respondent's bus had not been rash and negligent in his driving as alleged in the claim and that the accident was caused only due to the rash and negligent driving of the 2nd respondent's bus bearing registration No.TN-60A-2437. It was also submitted that the accident had occurred only because the petitioner had negligently stretched his hand outside the window of the bus. It was submitted that the claim was excessive.
(3.) THE 2nd respondent, in his counter has submitted that the 2nd respondent's bus bearing registration No.TN-60A-2437 had not been involved in any accident as alleged in the claim. It was submitted that the petitioner has stated in his claim that the F.I.R was registered as against the driver of the 1st respondents bus. It was submitted that no criminal case has been filed against the 2nd respondent's bus driver regarding the accident. It was submitted that the 2nd respondent's bus had been insured only with the 4th respondent, i.e., United India Insurance Company Limited, Theni Branch and not with the 3rd respondent i.e., New India Assurance Company. It was prayed to dismiss the claim against the 2nd respondent.;