R SEKAR Vs. ANDHRA CEMENT CARRIER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant for enhancement of compensation.

(2.) On 02.11.2008, when the claimant was riding his Bajaj M 80 motorcycle bearing registration No.TN-20-J-9580 along C.T.H Road, Nagavalliamman koil, Pattabiram, proceeding from East to West direction, a Cement tanker lorry bearing registration No.TN-01-Z-3521 proceeding on the road and on the same direction rash and negligently driven by its driver dashed the claimant riding the motorcycle M 80. In the said accident, the claimant's right leg ran over by the left front wheel of the lorry. The claimant was treated at Appollo First Med Hospital, Chennai and discharged on 08.11.2008. His right leg above knee was amputated. At the time of accident the claimant was employed as milk vendor earning Rs.300/- per day. Hence sought for compensation of Rs.10,00,000/-.

(3.) The claim was resisted by the Insurance Company on the ground that the claim petition is bad for non-joinder of necessary parties namely, the owner of the two wheeler and its insurer. The driver of the offending lorry had no valid driving license and therefore for his violation of policy condition, the owner has to compensate the loss and the insurer need not indemnify the vehicle owner. The accident occurred due to negligence of the claimant who suddenly tried to over take the Santro car and dashed against the car and invited accident, stating that in any event the compensation claim is exorbitant, sought for exonerating the Insurance Company from liability.