ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. Vs. KAMALANATHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 14.06.2011 made in M.C.O.P.No.261 of 2009 on the file of Motor Accident Claims Tribunal (Principal Subordinate Judge) Krishnagiri.

(2.) According to the respondent / claimant, on 11.01.2008, at 3.00 hrs, early morning, he was travelling to his village in his pickup van by loading two bags of rice and some wooden materials, and it was driven by one Thirupathi in a slow and cautious manner. When the said vehicle was nearing Thatakuttai bus stop in Tirupattur to Krishnagiri Road, the front wheel tyre got punctured and the driver was not able to control the vehicle inspite of applying the break and dashed against a road side neem tree and the respondent sustained severe and multiple injuries. Thereafter, he was taken to the Government Hospital and he continued his treatment in private hospital. Since the vehicle is insured with the appellant, the respondent has claimed a compensation of Rs.5,00,000/- from the appellant. Subsequently, a case was registered against the driver of the van in Crime No.24 of 2008 under Sections 279 and 338 of IPC. At the time of accident, the respondent was aged 37 years and he was doing coconut business, thereby earning a sum of Rs.7,500/- per month. The respondent is the sole breadwinner of his family.

(3.) Per contra, the appellant filed a detailed counter before the Tribunal by stating that the respondent is not a 3rd party and he is the owner of the vehicle, therefore, he cannot claim compensation for the injuries sustained by him while travelling in the same vehicle. Further, inspite of the notice, the respondent failed to provide all the information about the accident, hence it is a violation of the policy condition under Motor Vehicle Act . Further, the compensation claimed under several heads are excessive, therefore, sought to dismiss the claim petition.