UNITED INDIA INSURANCE CO LTD Vs. BOOPATHY RAJ

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation awarded to the claimant in M.C.O.P. No. 185 of 2003 on the file of the Motor Accident Claims Tribunal (Fast Track Court No. 5 - Additional District Judge) at Tirupur for the injuries sustained by him in the motor accident on 17.1.2003, the Insurance Company has preferred this appeal.

(2.) The brief facts of the case are that on 17.01.2003 at about 19.45 hours, when the claimant/1st Respondent was riding two wheeler bearing Registration No. TN 39 T 3902, on Coimbatore-Palladam Road near Semmipalayam Privu, the van bearing Registration No. TN 02 D - 7401 came in a rash and negligent manner and dashed against the claimant and he was thrown out of the vehicle and as a result of which the claimant sustained grievous injuries and he was immediately taken to Coimbatore Richmond Hospital where he had taken treatment. A criminal case was registered in Crime No. 43 of 2003 on the file of Palladam Police Station.

(3.) The further case of the Claimant is that he was aged about 23 years at the time of accident and running a studio and earning Rs. 6,000/- per month. Due to the accident, the Claimant lost his entire earning power and cannot go to the work as he was used to go before the accident and suffered permanent disability and claimed compensation of Rs. 7,00,000/- contending that the accident occurred due to rash and negligent driving of the 2nd Respondent - driver of the van and the Appellant Insurance Company and the 2nd Respondent are jointly and severally liable to pay the compensation.