G.SENTHIL Vs. S.PONNI

JUDGEMENT

(1.) Heard the Learned Counsel for the appellant and the Learned Counsel for the Insurance Company/respondent.

(2.) The facts of the case is that, on 10.09.2012, the appellant herein while riding his Suzuki motorcycle from Porur to Kundathur, met with an accident when the van bearing Registration No.TN-02-R-2741, came from opposite direction rash and negligently hit the two wheeler. In the said accident, the claimant sustained fractured injury on his right leg, right ankle, right wrist and thigh. Against the insurer of the offending vehicle and the vehicle owner, claim petition was filed seeking Rs.8,00,000/- as compensation.

(3.) The claim petition was resisted by the Insurer on the ground that, the accident occurred due to negligence of the claimant, who tried to over take the Government Bus proceeding ahead of him. Since, the claimant has not properly followed the road rules, he invited the accident.