The appellant's contributory negligence and entitlement to compensation were the central legal points established in the judgment.

JUDGMENT :

V.M. VELUMANI, J.

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 25.10.2019, made in M.C.O.P. No. 64 of 2019, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal.

1. This Civil Miscellaneous Appeal has been filed by the appellant-claimant challenging the 35% contributory negligence fixed on him and for enhancement of compensation granted by the Tribunal in the award dated 25.10.2019, made in M.C.O.P. No. 64 of 2019, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal.

2. Originally the appellant filed the claim petition in M.C.O.P. No. 1345 of 2017 before the Motor Accident Claims Tribunal, Principal District Court, Namakkal. Thereafter, the said M.C.O.P. No. 1345 of 2017 was transferred to the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal and re-numbered as M.C.O.P. No. 64 of 2019.

3. The appellant is the claimant in M.C.O.P. No. 64 of 2019, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal. He filed the said claim petition claiming a sum of Rs. 20,00,000/- as compensation for the injuries sustained by him in the accident that took place on 25.06.2017.

4. According to appellant, on 25.06.2017 at about 06.30 P.M. while he was travelling as pillion rider in the motorcycle bearing Registration No. TN 90 A 0961 on the left hand side of the Kondalampatty Roundana-Sangagiri Main Road near Kondalampatty Vegetable Market bus stop, the driver of the Omni car bearing Registration No. TN 30 A 9678 who was driving the same without following any traffic rules behind the motorcycle in which the appellant was travelling as pillion rider, drove the Omni car in a rash and negligent manner and dashed on the motorcycle and caused the accident. In the accident, the appellant sustained multiple grievous injuries all over the body and immediately after the accident, he was taken to Government Hospital, Salem, where he was given first aid treatment for three days. Thereafter, the appellant was shifted to Ganga Hospital, Coimbatore, where he was treated as inpatient for 17 days from 28.06.2017 to 14.07.2017. Therefore, the appellant filed the said claim petition against the respondents, being the owner and insurer of the Omni car respectively.

5. The 1st respondent-owner of the Omni car remained ex-parte before the Tribunal.

6. The 2nd respondent-Insurance Company, being the insurer of the Omni car filed counter statement and denied all the averments made by the appellant in the claim petition. The 2nd respondent denied the manner of accident as alleged by the appellant. At the time of accident, one Baskaran drove the motorcycle and along with appellant, one Santhoshkumar also traveled in the motorcycle as pillion rider. Further at the time of accident, the rider of the motorcycle was not possessing valid driving license to ride the motorcycle. According to 2nd respondent, at the time of accident, the driver of the Omni car was driving the same carefully and diligently behind the motorcycle in which the appellant was travelling as pillion rider. The rider of the motorcycle bearing Registration No. TN 90 A 0961 only drove the same in a rash and negligent manner and attempted to cross the main road. Due to three persons travelling in the motorcycle, he could not control the motorcycle and dashed against the car and invited the accident. Therefore, the driver of the Omni car was not responsible for the accident and hence, the 2nd respondent is not liable to pay any compensation to the appellant. The appellant ought to have impleaded the owner and insurer of the motorcycle. The appellant has to prove that the driver of the Omni car was possessing driving license to drive the car at the time of accident.