M. KAMALANATHAN Vs. MANOKARAN

JUDGEMENT

(1.) This Appeal is filed by the claimant challenging the award of the Tribunal exoneration the insurer and fixing the liability on the insured/vehicle owner.

(2.) The facts of the case is that, on 28.05.1991, when the petitioner was on duty as a cleaner in a lorry bearing registration No.T.N.J.9904, at about 9.30 p.m on Salem to Dharmapuri main road, a lorry bearing registration No.T.L.S.5511 proceedings towards Salem, dashed against the petitioner lorry near Vellakal, about 6 km from Thoppur. In the head on collusion of two lorries, the petitioner sustained the following injuries. (i).Swelling around left dorsal aspect Tenderness. (ii).Lacerated injury on left foot near lateral border 10x1x2cm bone protruding (iii).Lacerated injury front of right leg 6 x1x1cm (iv).Dislocation of 4th and 5 th Metebarsal bones and dislocation of 2 nd M.P. Joint. At the time of accident, the petitioner was earning a sum of Rs.5,000/- and maintaining his family. Due to the injury, he was not able to go for work, for nearly 1 year. Hence, compensation of Rs.1,50,000/- was sought.

(3.) In the counter filed by the 2 nd respondent, it is contended that the lorry bearing registration No.T.N.J.9904 was not insured under them. Furthermore, the accident has occurred due to the negligence of the lorry driver bearing registration No.T.L.S.5511. A Criminal case was registered against him, he was charge sheeted. That apart the compensation claimed by the petitioner is exorbitant and exonerated.