NEW INDIA ASSURANCE CO. LTD. Vs. P. SURESH

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dtd. 28/7/2011, made in M.C.O.P. No.1605 of 2007, on the file of the Chief Judicial Magistrate, (Motor Accident Claims Tribunal), Krishnagiri.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.1605 of 2007, on the file of the Chief Judicial Magistrate, (Motor Accident Claims Tribunal), Krishnagiri. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.7,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 1/5/2007.

(3.) According to the 1st respondent, on the date of accident, when he was traveling as Cleaner in a Lorry bearing Registration No.TMD-6933 belonging to the 2nd respondent in Anumantheertham Pavakkal road which was newly laid, containing jelly stones, the driver of the Lorry drove the same in a rash and negligent manner without minding the hazards of the newly laid road due to which Lorry got capsized and thus, the accident occurred. A water tank set up over the Lorry fell on the 1st respondent who was thrown out of the Lorry. The accident occurred due to rash and negligent driving by the driver of the Lorry belonging to the 2nd respondent. In the accident, the 1st respondent suffered multiple and grievous injuries. For the injuries suffered by him, the 1st respondent claimed compensation against the 2nd respondent and appellant, as owner and insurer of the offending vehicle.