RELIANCE GENERAL INS. CO. LIMITED Vs. K.SATHISHKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dtd. 25/1/2019, made in M.C.O.P. No.136 of 2014, on the file of the Sub Court, (Motor Accident Claims Tribunal), Arakkonam.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.136 of 2014, on the file of the Sub Court, (Motor Accident Claims Tribunal), Arakkonam. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.30,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 4/7/2013.

(3.) According to the 1st respondent, on the date of accident, at about 10.00 p.m, when he was riding as a pillion rider in a Motorcycle, the driver of the Eicher Mini Lorry bearing Registration No.TN-73-A-3789 owned by the 2nd respondent, drove the same in a rash and negligent manner and hit behind the Motorcycle and caused the accident. In the accident, the 1st respondent sustained grievous injuries on his head, leg and all over the body. The accident occurred only due to rash and negligent driving by the driver of the Eicher Mini Lorry owned by the 2nd respondent and hence, the 1st respondent filed the said claim petition claiming compensation against the 2nd respondent and appellant-Insurance Company as owner and insurer of the Lorry respectively.