MANAGER, HDFC ERGO INSURANCE COMPANY LIMITED Vs. KARTHICK

JUDGEMENT

(1.) This Appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ariyalur, alleging that the Tribunal erred in fixing the liability on the Appellant/Insurance Company. In spite of ample evidence placed before the Tribunal that the offending vehicle involved in the accident was not insured under Appellant/Insurance Company, the Tribunal has ordered the appellant to pay compensation to the claimant.

(2.) The short facts of the case is that on 11.11.2013 at about 6.30 p.m, the claimant, in his two wheeler bearing registration No.TN-62-D-9012 was travelling towards Meenasurity to Nellithope road. Near Meensurity Electricity Board Office, a Chevrolet Tavera Car bearing registration No.AP-31-AP-7889 coming from opposite direction, rash and negligently dashed against the two wheeler. The claimant sustained severe injury and was taken to the Government Hospital. He was treated as inpatient for his injuries on the head, fracture of left leg and abrasion all over his body. He has claimed that, he was earning Rs.15,000/- per month as an auto driver and due to the accident, he has lost his income and future hence sought for compensation of Rs.10,00,000/-.

(3.) The claim petition was resisted by the Insurance Company on the ground that the accident occurred due to negligence of the claimant and he has contributed for the accident besides the 1 st respondent vehicle was not insured under the respondent and there is no policy coverage as on the date of accident.