L. RAVI Vs. PARTHASARATHY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the claimant for enhancement of compensation.

(2.) The claimant is an autodriver by profession. On 02.06.2013 at about 8.30 am, opposite to Ambika Empire Hotel on the 100 feet road, Vadapalani, Chennai, while he was riding his auto bearing registration No. TN 02 AS 0082, a TVS XL bearing registration No.TN 09 AX 5280 came behind the auto in high speed and tried to overtake the auto rashly. While so, the TVS XL dashed left side of the auto. The claimant sustained multiple injuries and taken to hospital. He was hospitalised for about 77 days as inpatient for his compound and comminuted Grade III A fracture of his left leg. The surgeries were done and the doctor examined him and assessed 50% partial and permanent disability. Claiming compensation of Rs.10,00,000- against the owner of the TVS XL and its insurer, he filed petition before the Motor Accident Claims Tribunal, Chennai.

(3.) The Insurance Company resisted the claim petition on the ground that the accident occurred solely due to the negligence of the claim petitioner. Since two vehicles involved in the accident, the owner and the insurer of the autorickshaw are necessary parties for proper adjudication of the claim. The motor cyclist had no valid driving licence. Its owner had permitted the person without license to drive the vehicle. Therefore, for violation of the terms of contract and law, the Insurance Company has no legal obligation to indemnify the owner of the vehicle, who had breached the terms of contract.