BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE Vs. JEYASEKAR

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.93 of 2018 dtd. 7/1/2020 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Kanyakumari at Nagercoil.

(2.) The appellant/Insurer, who was directed to pay compensation of Rs.4,80,000.00 with interest at 7.5% per annum and costs to the first respondent/claimant for the disabilities suffered by him, consequent to an accident occurred on 12/10/2016, challenged the liability mulcted on it and also the quantum of compensation awarded at, by the Tribunal.

(3.) The case of the first respondent/claimant is that on 12/10/2016, when the first respondent/claimant was coming from his house Tholayavattam to Karungal to his shop in Puthukadai - Karungal road in his two wheeler bearing Registration No.TN-74-AH-1692 on the left side of the road and in the place at Mankarai another two wheeler bearing Registration No.TN-75-C-4655, which came from North to South in a rash and negligent manner and without sounding horn, had dashed against the two wheeler driven by the first respondent/claimant and as a result of which, the first respondent/claimant fell down and sustained head injury and bone injury in his right leg and became unconscious, that he was admitted as an inpatient in Sushrusha Orthopaedic Hospital, Nagercoil and that the accident was occurred only due to the rash and negligent riding of the rider of the two wheeler bearing Registration No.TN-75- C-4655.