S.SENTHAMARAI KANNAN Vs. S.M.SENTHIL KUMAR

JUDGEMENT

(1.) THE appellant in C.M.A.No.1179 of 2009/claimant had filed in M.C.O.P.No.27 of 2008, against the 1st and 2nd respondent namely insured and insurer and claiming compensation a sum of Rs.2,00,000.00 stating that on 24.05.2007 the claimant and his relatives were travelling on a lorry bearing registration No.TN-55D-5775 from his native place Virudhunagar to attend a marriage function. While, the lorry was proceeding on the T.T.K road Virudhunagar at around 10.00 a.m., from east to west direction at the point of time a mini bus was coming behind the lorry in a rash and negligent manner and dashed behind the lorry, in the result, the claimant had sustained grievous injuries . Immediately, he was rushed to the Government Hospital, Virudhunagar, for treatment.

(2.) THE said case had been resisted by the 2nd respondent/New India Insurance Company. The respondent had denied the said accident that it was committed by the 1st respondent's driver in a rash and negligent manner. Actually the driver of the lorry bearing registration No.TN-55D-5775 was driver by its driver in a rash and negligent manner and suddenly stopped the lorry without indicating any signal, as such the driver of the vehicle bearing registration No.TN-55D-5775 had committed the said accident. On the strength of a false complaint the F.I.R has been registered in Crime No.336 of 2007 , on the file of Virudhunagar Bazaar Police Station against the driver of the 1st respondent. The respondent further stated that the claimant had travelled in a goods vehicle as a gratuitous passenger. The claimant had not impleaded the owner and insurer of the goods van bearing registration No.TN-55D-5775, therefore, the claim petition is not maintainable, since the necessary parties had not been included. The 1st respondent vehicle had not been insured with the 2nd respondent. Further, the respondent had denied the age, income and occupation, nature of injuries and mode of treatment and medical expenses are denied.

(3.) PW .1, had adduced evidence stating that on 24.05.2007, he was travelling on the mini lorry bearing registration No.TN-55D- 6775 at about 10.00 a.m., to attend a marriage, when the vehicle was proceeding on the Vellaripatti road along with 25 persons from east to west direction when at that point of time the 1st respondents lorry bearing registration No.TN-05-8175 had been driven by its driver in a rash and negligent manner and dashed behind the mini lorry. Pw.1, further stated that in the said accident he had sustained injuries on his right leg, right foot and left hand. Immediately, he was rushed to the Government Hospital for preliminary treatment, thereafter he was shifted to the Government Hospital, Virudhunagar. In the said two hospitals he had undergone treatment for about one month. The said accident case had been registered in Crime No.336 of 2007, on the file of Virudhunagar Bazaar Police Station. Pw.1, further stated that he was working in a dry chili company, wherein oil is extracted from the seeds of dry chili. The employer had paid a sum of Rs.5,000.00 per month as a salary.