ORIENTAL INSURANCE COMPANY COIMBATORE Vs. RAHAMATULLAH

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 12.11.2003, made in M.C.O.P.No.235 of 2003, on the file of the Motor Accident Claims Tribunal-cum-Chief Judicial Magistrate, Coimbatore, awarding a compensation of Rs.86,000/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent M/s.Oriental Insurance Company has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 16.02.2002, when the petitioner was walking on the Teachers Colony Road, when he was nearing N.G.O.Junction, the TVS-50, bearing registration No.TN38 A6832, coming in the opposite direction from south to north and driven by its rider at a high speed and in a rash and negligent manner dashed against the petitioner. In the result, the petitioner fell down and sustained grievous injuries on his head and several other parts of his body. The petitioner was admitted in the Ganga Hospital at Coimbatore at took treatment in the Intensive Care Unit, as inpatient, wherein, X'rays and Scan were taken. It was found that there were fractures of bones in his forehead and nose. He had spent a sum of Rs.75,000/- for medical expenses. The accident happened only due to the rash and negligent driving by the driver of the said TVS-50. A Criminal case has been filed by Thudiyalur Police Station, as Crime No.167 of 2000, under Sections 279 and 338 of I.P.C. The first respondent is the owner and the driver of the said TVS50 and the second respondent is the insurer of the said TVS50. Due to the injuries sustained by the petitioner, the petitioner, frequently suffers from giddiness and has sustained permanent disability. As such, the petitioner has claimed a compensation of Rs.2,50,000/- from both the respondents under Section 166(1) of the Motor Vehicles Act.