NATIONAL INSURANCE CO. LTD Vs. J. GNANAVEL

JUDGEMENT

(1.) Brief facts of the claimant's case is as follows: On 22/3/2011 at about 8.00 p.m., while the petitioner was riding the first respondent's motorcycle bearing registration No.PY-01-AF-4083 at extreme left side of the Virudhachalam - Cuddalore main road, near T.Chathiram bridge, a man suddenly crossed the road. The petitioner tried to avoid the accident but due to the sudden cross of the man, he could not avoid the accident. The motorcycle hit against the man, thereby caused accident, resulting in the petitioner sustained grievous injuries and multiple fractures all over the body. The petitioner has filed a claim petition before the Tribunal, claiming Rs.5,00,000.00 as compensation from the appellant and the 2nd respondent herein being the insurer and owner of the insured vehicle.

(2.) On the side of the petitioner, P.W.1 and 2 were examined and Ex.P1 to P-9 were marked. On the side of the respondent, R.W.1 was examined and Ex.R1 to R3 were marked.

(3.) The Tribunal, based on the oral and documentary evidence adduced by both sides, held that the petitioner proved that he met with an accident and only in the accident he had sustained injuries. The appellant being the insurer of the vehicle, liable to pay compensation and awarded Rs.1,62,460.00 together with interest at the rate of 7.5% p.a. from the date of petition till realization. The award passed by the tribunal under various heads are as follows: