ORIENTAL INSURANCE COMPANY LIMITED Vs. A.AHAMED RAFI

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company alleging that the award passed by the Tribunal is erroneous since the claimant is the tortfeasor.

(2.) The facts of the case is that on 16.06.2013 at about 8.30 p.m., when the claimant was riding his motorcycle bearing registration No.PY-01-BM-9402 on Cuddalore to Chidambaram main road near Melpoovanikuppam bus stop, the vehicle bearing registration No.TN-31-AW-8820 coming from opposite direction rash and negligently dashed against the claimant and caused grievous injury. The claimant sustained multiple fracture and admitted in the private hospital Cuddalore. Taking advantage of his hospitalisation, FIR has been filed against the claimant as if he has committed the accident. Claim petition under Section 163-A of Motor vehicle Act, was filed seeking Rs.10,00,000/- as compensation.

(3.) In the counter filed by the Insurance Company, it is stated that the claimant is a Tortfeasor and even under Section 163-A of Motor Vehicle Act, the tortfeasor cannot be the claimant. Further, the quantum of compensation sought in the claim petition also questioned as excessive and exorbitant.