(1.) The appellant/claimant was riding on his TVS-Champ bearing registration No.TN-67W-2724, on the Tenkasi-Rajapalayam main road, at Rajapalayam on 26.03.2008 at about 01.30 p.m. At that point of time the first respondent vehicle namely Maxicab van, bearing registration No.TN-69K-9698, driven by its driver in a rash and negligent manner coming at high speed on the same direction and attempting to overtake the two wheeler and dashed against against the claimants vehicle, in the result the claimant had sustained multiple bone fracture of grave nature. Immediately, he was taken to Devadoss Hospital at Madurai, wherein he had undergone treatment at various intervals, hence, the claimant has filed in M.C.O.P.No.74 of 2009, on the file of the Subordinate Court, Srivilliputhur and claiming a compensation a sum of Rs.25,00,000/- against the insurer and the insured.
(2.) The insurer namely United India Insurance Company had filed a counter statement and resisted the claim petition. The respondent stated that the claimant had not included the owner and insurance company of the motor cycle which had been ridden by the claimant. The motor cycle had not been insured by any insurance company at the time of the accident. The rider of the motor cycle was not having licence to rider the said two wheeler, the same was confirmed through Motor Vehicle Inspector's report. Actually the petitioner was learning driving on the motor cycle and the teaching Inspector being the Pillion rider, at that time,the rider of the motor cycle, suddenly swerved the motor cycle on the right side without noticing the first respondent vehicle which was following behind him and in this manner dashed against the first respondent's vehicle. The respondent further denied the nature of injuries, mode of treatment and income of the injured person.
(3.) After verifying the averments of both parties, the Tribunal had framed two issues namely: