RELIANCE GENERAL INSURANCE CO LTD Vs. V. ELAYARAJA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company, aggrieved by the quantum of compensation awarded to the accident victim.

(2.) On 29.04.2012 at about 08.00 p.m., while the claimant was riding his two wheeler viz., Hero Honda bearing Reg.No.TN-29-M-4224 along Sengodipuram road at Dharmapuri near Om Sakthi Hospital, a motor cycle viz., Hero Honda Splendor bearing Reg.No.TN-29-F-5004 coming on the opposite direction rash and negligently dashed against the claimant and caused fracture injury and the motor cycle was also badly damaged. The claimant was taken to the Government Medical College Hospital, Dharmapuri and was treated as in-patient for 8 days. Later, he was referred to Coimbatore Ganga Private Hospital. His left foot was operated and nails were fixed. He was working as an Assistant Manager in Hosur TVS Logistics Company and earning a sum of Rs.16,899/- per month. Due to dislocation of left foot, he is unable to stand or work for long time. He has lost his partial earning capacity and permanently. He has incurred huge medical expenses. Hence, compensation of Rs.10,00,000/- with interest sought in the claim petition filed before the Motor Accident Claims Tribunal, Dharmapuri.

(3.) The Insurance Company in its counter stating that it is the claimant, who rode his motorcycle, without following the traffic rules and dashed against the other motor cycle, due to his rash and negligent driving. After the accident, the owner of the motorcycle bearing Reg.No.TN-29-F-5004 did not inform the Insurance Company about the accident. As per the records available with the Insurance Company, the offending vehicle bearing Reg.No.TN-29-F-5004 is not insured under them besides the claim of compensation being highly excessive and exorbitant. Therefore, they are not liable to pay the compensation.