ORIENTAL INSURANCE COMPANY LIMITED Vs. PARTHIBAN

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company being aggrieved by the quantum of compensation awarded to the claimant.

(2.) The facts of the case is that, on 13.10.2013 near Deva Marriage hall, Seelanaickenpatti to Thashanaickenpatti service road at about 07.15 p.m., when the claimant N.Parthiban was riding his tricycle along the left side of the road towards his resident, a TVS star sports bike bearing registration No.TN-30- AK-0113, driven by his rider rash and negligently came behind the claimant and hit the tricycle. The claimant sustained multiple injury all over his body and compound fracture on his both legs and hands. Since, the accident occurred due to the negligence of the motorcycle rider insured under the appellant herein, claim petition was filed seeking Rs.5,00,000/- as compensation. At the time of accident, the claimant was 54 years old, running a beeda stall, earning a sum of Rs.7,000/- per month. Due to his accident, he has lost his earning capacity and had become physically unfit to do any kind of work.

(3.) The claim was resisted by the Insurance Company on the ground that the claimant was physically handicapped, riding his tricycle, negligently had invited the accident and he has contributed to the accident by his negligence. The claim towards medical expenses and other expenditures are not supported by document. Therefore, claim of Rs.5,000/- is exorbitant.