RELIANCE GENERAL INSURANCE CO. LTD, Vs. ESAKKIMUTHU

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, challenging the award dated 18.07.2014, passed in M.C.O.P.No.395 of 2013 on the file of the Motor Accidents Claims Tribunal (Special Sub Court), Tirunelveli.

(2.) The case of the claimants is that on 24.02.2013, at about 07.30.p.m, when the first respondent herein was walking on the left side mud portion at Ariyakulam Main Road, near Sharatha College, a Motor Cycle bearing registration No.TN-72-AM-4010, which came behind in a rash and negligent manner and without sounding horn, had dashed against the first respondent that the first respondent had sustained multiple injuries all over his body and immediately he was taken to Tirunelveli Medical College Hospital, Palayamkottai and was given inpatient treatment for 25 days, that due to the fractures suffered, he is unable to walk or stand for a long time and that sitting and squatting are also not possible.

(3.) The first respondent/petitioner's further case is that the accident was occurred only due to the rash and negligent driving of the Motor Cycle rider and hence, a case was registered against him in Crime No.74 of 2013 of Tirunelveli Taluk Police Station for the offence under Sections 279 and 337 of IPC and that the criminal case is now pending on the file of the Court of Judicial Magistrate No.III, Tirunelveli.