S.BASKARAN, J. - (1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 04.02.2015 made in M.C.O.P. No. 1798 of 2013 on the file of the Motor Accident Claims Tribunal, Small Causes Court - V Judge, Chennai.
(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioner/claimant is that on 07.11.2012 at 12.00 hours, while the petitioner/claimant was riding the motor cycle bearing Registration No. TN- 04-AD-6072 in the 100 feet road near MMDA Signal, the 1st respondent car bearing Registration No. TN-09-BP-9203 came at high speed from behind dashed against the two wheeler in which the petitioner/claimant was riding, causing him multiple grievous injuries. The accident occurred only due to rash and negligent driving of the driver of the 1st respondent vehicle. The petitioner/claimant was aged 20 years and by working as Manager in the Private concern was earning Rs. 10,000/- per month. As the petitioner/claimant suffered dislocation of right elbow, contusion of left knee, head injury and multiple injuries all over the body and he underwent treatment continuously, he find it impossible to attend to any of his work. Thus, the petitioner/claimant sought for a sum of Rs. 3,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.
(3.) On the other hand,opposing the claim of the petitioner/claimant, by filing counter, the 2nd respondent/Insurance Company contends that the accident did not occur in the manner alleged by the petitioner/claimant. The petitioner/claimant is liable to prove that the 1st respondent vehicle driver possessed valid driving license and the vehicle was insured with the 2nd respondent/Insurance Company. The petitioner/claimant suffered only simple injury, as such, the claim of the petitioner/claimant is exorbitant. The petitioner/claimant averments about the age, avocation and income is denied. Thus, the 2nd respondent/Insurance Company sought for dismissal of the petition.;