SHRIRAM GENERAL INS. CO. LTD. Vs. PACHIYAPPAN

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dtd. 3/12/2018, made in M.C.O.P. No.109 of 2017, on the file of the Special District Court, (Motor Accident Claims Tribunal), Dharmapuri.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.109 of 2017, on the file of the Special District Court, (Motor Accident Claims Tribunal), Dharmapuri. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.10,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 30/9/2012.

(3.) According to the 1st respondent, on the date of accident, when he was in his vulcanizing shop at old Dharmapuri, a Lorry bearing Registration No.TN-29-F-0625, belonging to the 2nd respondent was brought to the vulcanizing shop by its driver to apply powder to the back wheel tyre. While the 1st respondent was removing the wheel from the Lorry parked in front of the shop, the tyre burst and outer frame of the wheel hit the 1st respondent with heavy force and he sustained grievous injuries in both the legs. The accident occurred due to the improper maintenance of the Lorry by the 2nd respondent, owner and hence, 1st respondent filed claim petition against the 2nd respondent, as owner and appellant, as insurer of the said Lorry.