- (1.)The petitioner was proceeding along with rider Mr.Manoharan, on the TVS-Champ motorcycle bearing Registration No.TN-39-5671, on the Annamar Temple road, at Poondi on 07.05.2004 and at that point of time, one Ramakrishnan, coming on the opposite direction, on his car bearing Registration No.TN-27-H-1681, dashed his motorcycle against the petitioner's vehicle. As a result, the petitioner sustained multiple injuries all over his body. Hence, the petitioner had levelled a claim in M.C.O.P.No.126 of 2005, against the owner and insurer of the vehicle.
(2.)The Insurance Company had filed a counter statement and resisted the claim petition. The respondent submits that the claimant had filed a case before the police after two days. Actually, no accident had taken place. Further, the rider of the motorcycle had committed the accident in a negligent manner. The driver of the car and the petitioner had colluded with each other and filed the case. The rider of the motorcycle did not possess valid documents and driving licence. The respondent denied the age, income, occupation and nature of injuries. The claim amount is an excessive one. Hence, the respondent prayed to dismiss the claim petition.
(3.)The Tribunal had framed two issues namely
(i) Whether the accident was due to the rash and negligent act of the driver of the car TN-27-H-1681? and

(ii) Whether the petitioner is entitled to compensation and if so, what is the quantum?