NEW INDIA ASSURANCE CO LTD Vs. R. SETHUMADAVAN

JUDGEMENT

(1.) Challenging the award passed by the Tribunal in M.C.O.P.No.4371 of 2000, dated 30.7.2008, the Insurance Company has preferred the present appeal.

(2.) The learned counsel appearing for the appellant submits that the second respondent/driver was set exparte and hence, the appeal against the second respondent is given up. Such view of the matter, the appeal is dismissed against the second respondent/driver.

(3.) The case of the claimant/first respondent is as follows: On 23.11.1999 at about 2.40 p.m., when the claimant was riding a motorcycle bearing registration No.TN-X 3033 at G.S.T. Road, Chrompet, a lorry bearing registration No.T.A.L.6594 driven by its driver coming behind the motorcycle in a rash and negligent manner and hit the aforesaid motorcycle causing accident and thereby the claimant sustained fracture in right hand and right thigh and also sustained injuries at left shoulder. The petitioner had taken treatment in a private hospital for the injuries sustained by him. The claimant/first respondent filed a claim petition before the Tribunal for a compensation of Rs.5,00,000/- for the fractures and injuries sustained by him.