ORIENTAL INSURANCE COMPANY LTD. Vs. PALANIAMMAL

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred under Section 173 of Motor Vehicle Act, 1988, challenging the award passed in M.C.O.P.No.228 of 2014, dated 21.11.2014, on the file of the Motor Accident Claims Tribunal cum Additional Sub Judge, Dindigul.

(2.) The facts not in dispute are that one Annamuthu had driven the two wheeler, namely, TVS XL Super bearing Registration No.TN 39 BA 4899 with the first respondent herein and two children as pillion riders and that there occurred an accident involving the said two wheeler with a Tipper Lorry bearing Registration No.TN-47-AA-4027, which is owned by the second respondent and insured with the appellant/first respondent.

(3.) The case of the claimant/first respondent is that on 14.10.2012, at about 20.30 hours, at Madurai-Dindigul NH-7 Road, opposite to Gandhi gram College Ladies Hostel, when the two wheeler was proceeding from South to North, the Tipper Lorry, which came behind the two wheeler in a rash and negligent manner, had hit the two wheeler, that the petitioner has fallen down and sustained injuries and that the driver of the Tipper Lorry was solely responsible for the accident.