ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. CHINNADURAI

JUDGEMENT

(1.) Heard the Learned Counsel for the Appellant/Insurance Company and the Learned Counsel for the respondent Nos.1 and 2 in both cases.

(2.) The facts of the case is that, on 22.07.2013, at about 15.00 hours, when Chinna Durai, along with his wife/Malathi, while travelling in his M-80 Motor Cycle bearing registration No.TN-33-P-0911, near Tasmac godown in front of Tiruppur Pumping Station, Bhavani Main Road, a Nissan Micra XV Premium Car bearing Registration No.TN-33-BJ-6789, hit the two wheeler. In the said accident, Chinna durai and his wife Malathi, sustained fractured injury.

(3.) Chinna durai, claiming a sum of Rs.20,00,000/- as compensation has stated that he sustained fractures at thigh, head, hip, leg and hand. He spend huge amount towards medical expenses and he has incurred loss of income due to the accident. Alleging that, he was 42 years old, earning Rs.50,000/- per month as fish merchant and on account of disability caused in the accident, he has lost his earning capacity. Claim petition is filed against the car owner and its insurer.