DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD Vs. DEVARAJ

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the award and decree dated 30.08.2010 made in M.C.O.P.No.80 of 2009 on the file of the Motor Accident Claims Tribunal Court, Tindivanam.

(2.) THE short facts of the case are as follows:- On 14.06.2008, at about 5 p.m., when the petitioner was walking on the extreme left side of the Tindivanam Marakkanam Road near Mannarsamykovil, a Hero Honda motor cycle bearing Reg.No.TN 32 Q 1103 coming from behind the petitioner and ridden by its rider at a high speed and in a rash and negligent manner dashed against him. In the result, the petitioner sustained grievous injuries. Hence, the petitioner has filed a claim of Rs.10 Lakhs against the respondents. THE 1st respondent is the owner of the Motor cycle and the 2nd respondent is its insurer.

(3.) ON the averments of both the parties, the Tribunal framed three issues for consideration in this case, namely, a. Who was responsible for the accident " b. Are the respondents liable to pay compensation " c. If so, what is the quantum of compensation he is entitled to get "