ORIENTAL INSURANCE COMPANY LTD Vs. G RAMASAMY

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal in M.C.O.P.No.463 of 1990. The Insurance Company is the appellant in the above appeal.

(2.) ACCORDING to the claimant, the accident, took place near Natarajapuram on 5.3.1990 at about 7.00 hours. At the place of occurrence, the road runs East to West. He was riding his cycle and was proceeding towards Ariyur from Siruvathaiyur, namely from West to East keeping to his left and by observing the rules of road. When he was nearing Natrajapuram, the vehicle bearing registration No.T.D.O.9781 (motor cycle) belonging to the first respondent and insured with the second respondent, was being driven by its driver in a very rash and negligent manner in a high speed. It was coming on the opposite direction, namely, from East to West. As a result of the rash and negligent manner of driving, the driver lost control over his vehicle and as a consequence it dashed against the petitioner'scycle. As a result of the impact, the petitioner was thrown out and sustained multiple injuries all over his body. His right leg was fractured and the cycle was also damaged. The accident resulted only as a result of the negligent driving of the first respondent driver. A total sum of Rs.1,00,000 was claimed as compensation.

(3.) HOWEVER the Tribunal held that the Insurance company had not properly discharged its burden of proof as regards whether the driver had proper licence or not.