NATIONAL INSURANCE CO LTD Vs. MOHAN

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 03.08.2004 made in M.C.O.P.No.1720 of 2001, on the file of the Motor Accident Claims Tribunal, Additional District Court and Special Court for E.C. Case, Salem, awarding a compensation of Rs.1,12,000/- together with 9% interest per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 01.11.2001, at about 08.15 p.m. when the petitioner was walking at the road side in front of the Central Jail, the motorcycle bearing registration No.TN07 C4593, belonging to the first respondent and insured with the second respondent, driven by its rider in a rash and negligent manner and dashed against the petitioner. Due to the accident, the petitioner sustained fracture injuries and he spent more than Rs.50,000/- for his medical treatment. At the time of the accident, he was aged about 49 years and working as Assistant Jailor and earning a sum of Rs.6,700/- per month. The said accident had happened only due to the rash and negligent driving of the rider of the vehicle. As such, the respondents are liable to pay compensation to the petitioner. Hence, the petitioner claimed a compensation of Rs.2,00,000/- before the Tribunal.