BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. VELLIMALAI

JUDGEMENT

(1.) THE brief facts of the case are as follows:- The first respondent herein / claimant had filed a claim petition against the appellant herein and another respondent and claimed a compensation of a sum of Rs.3,00,000.00 with interest for sustaining injuries in the motor vehicle accident and stating that the claimant was proceeding on the Madurai Dindigul Main Road from west to east direction on his left side on 30.12.1999, at about 2 p.m., and at that point of time, the respondent's lorry bearing Registration No.TN-S-1293 had been driven by its driver in a rash and negligent manner and dashed behind the claimant from the same direction, hence, the claim petition has been filed.

(2.) THE second respondent / National Insurance Company had filed a counter statement and resisted the claim petition. The respondent stated that the first respondent's lorry was proceeding on the Madurai-Dindigul Main Road, towards west direction, while the lorry was nearing Andipatti Bungalow and at that time, the claimant had abruptly crossed the road and dashed against the lorry, as such, the claimant himself invited the accident and sustained injuries. Therefore, the respondent is not liable to pay any compensation, further, the claimant has to prove that the lorry has been insured with the Insurance Company. The respondent had filed an additional counter statement and stated that the said lorry has not been involved in the said accident. The claimant also had levelled a complaint before the concerned police officer without mentioning the registration number of the lorry, hence, the respondent entreated the Tribunal to dismiss the said claim petition.

(3.) ON the side of the claimant, two witnesses were examined, viz., P.W.1-the claimant and P.W.2-Dr.Vijayakumaran and had marked eight documents as exhibits, viz., Ex.P1-copy of the first information report, Ex.P2-motor vehicle inspector's report, Exs.P3, P5 and P6-outpatient chit, Ex.P4-Government Hospital's medical records, Ex.P7-disability certificate, Ex.P8-X-ray. On the side of the respondent, four witnesses were examined and three documents were marked viz., Ex.R1-a letter issued by R.T.O., North Madurai, Ex.R2-documents relating to the petition, Ex.R3-insurance policy.