UNITED INDIA INSURANCE COMPANY LTD Vs. ELUMALAI

JUDGEMENT

(1.) Elumalai s/o Subramani aged about 32 years claiming compensation of Rs.10 lakhs for the grievous injuries sustained due to the motor accident on 24/09/2012 had preferred MCOP.No.2695 of 2013 before the Motor Accident Claims Tribunal, ( IV Small Causes Court), Chennai.

(2.) In the claim petition, it was contended that, on 24/09/2012 at about 16.00 hours at E.C.R. Road, Palaiyar Madam, vilambbur, Kancheepuram District, while he was travelling as a pillion rider in the two wheeler bearing Registration No. TN-19 X 7808, the rider of the two wheeler rash and negligently drove the vehicle in zigzag manner and dashed the right side road wall. Seated on the pillion he sustained multiple grievous injuries. At the time of accident, he was self - employed earning a sum of Rs.20,000/- pm as Carpenter. He was admitted in Pondicherry Institute of Medical Science (PIMS) Hospital, Pondicherry on 24/09/2012 then, referred to Chettinad Hospital, Kelambakkam. From 25/09/2012 to 30/09/2012, he was treated as inpatient. The respondents who are the owner of the vehicle and its insurer are liable to pay compensation since, the accident occurred due to the rash and negligence of the two wheeler driver.

(3.) The second respondent Insurance Company denied the manner of the accident and its responsibility to indemnify the vehicle owner. As per the FIR, the accident occurred due to the fault of the two wheeler Driver, in which, the claimant was travelling as pillion rider. There is no evidence to show the rider had valid driving license. Further, the accident has not caused any permanent disability to the claimant. He sustained lacerated wound and recovered within 7 days on treatment. Hence, the claim is excessive and exorbitant.