G. RAJADURAI Vs. S. MURUGAN AND OTHER

JUDGEMENT

(1.) The Appellant is the Petitioner/injured claimant. He has filed this appeal, challenging the order and decree dated 09.09.2008 made in M.C.O.P. No. 307 of 2005 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Vellore District, Vellore.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. The case of the Petitioner is that on 03.07.2005 at about 10 a.m., while the Petitioner was returning home from Sathumadurai to Hosur in his cycle, the 1st respondent came in his motor cycle bearing Reg. No. TN-22-AF-3763 at high speed, in a rash and negligent manner, dashed on the bicycle of the Petitioner, causing him multiple grievous injuries. The Petitioner suffered injuries in his right knee, left hand and he took treatment in Government Hospital as inpatient for some period of time. The accident occurred due to negligence of the 1st respondent only. The Petitioner was working as vegetable vendor, earning Rs. 4000/- per month. Due to injury, he is not in a position to carry on his vegetable vending business and hence, sought for a sum of Rs. 5,30,000/- from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance company contends that the accident does not occur as alleged by the Petitioner. The age, occupation and income as claimed by the Petitioner is disputed. The negligence on the part of the Petitioner alone is the cause for the accident. On the occurrence day, the Petitioner crossed the road in his bicycle without noticing the oncoming 1st respondent motor cycle. It was only due to negligent crossing of the road by the Petitioner, the accident occurred. As per intimation letter from the Vellore Medical College Hospital Police Out Post to the Police Station, the rider of the two wheeler is stated to be one Elumalai, but in the FIR, the same was not mentioned. In the charge sheet, the rider is stated to be one Murugan. This will create doubt as to whether the two wheeler bearing Reg. No. TN-22-AF-3763 is involved in the accident or not. The rider of the two wheeler one Elumalai did not possess valid driving licence. Hence, the 2nd respondent/Insurer of the Lorry owned by the 1st respondent sought for dismissal of the Petition.