NATIONAL INSURANCE COMPANY LTD. Vs. NAINA MOHAMMED

JUDGEMENT

(1.) Dissatisfied with the award, dated 11.2.2013 passed by the Motor Accident Claims Tribunal in M.C.O.P.No.1880 of 2008, Insurance Company is before this Court against the liability as well as quantum of compensation.

(2.) The case of the claimant is that on 22.6.2006 at about 9.30 a.m., while the petitioner was riding a motorcycle bearing registration No.TN-05-D 7179 at New Avadi road, junction of Palli Arasan Street, Chennai proceeding from south to north, a motorcycle bearing registration No.TN-05-J-8148 driven by its driver in a rash and negligent manner from east to west and hit the petitioner's vehicle, thereby caused accident, resulting in the petitioner sustained grievous injuries. The rider of the motorcycle bearing registration No.TN-05-J-8148 is responsible for the accident. The first respondent as the owner and the second respondent as the Insurance company are jointly and severally liable to pay compensation. Hence, the appellant has filed a claim petition claiming compensation of Rs.2,50,000/- .

(3.) In the counter statement filed by the Insurance Company it is specifically stated that the claimant did not possess valid driving licence to drive the vehicle at the time of accident. Besides, the claimant did not produce the said vehicle for inspection. Charge sheet was laid under Sec.338 I.P.C. 184 of M.V. Act, 3 r/w 181, 196 and 179 of M.V. Act and the petitioner has voluntarily pleaded guilty of the offences charged and sentenced to pay a sum of Rs.2,000/-. As such, the appellant himself contributed negligence to cause accident. Therefore, the claim petition is liable to be dismissed.