RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KARNAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the award, dtd. 6/10/2016, passed in M.C.O.P.No.123 of 2011, on the file of the Motor Accidents Claims Tribunal, Karur - Chief Judicial Magistrate, Karur. The appellant herein is the third respondent, the first respondent herein is the claimant and the respondents 2 and 3 herein are the respondents 1 and 2 in the original M.C.O.P. Petition.

(2.) Brief substance of the claim petition in M.C.O.P.No.123 of 2011, is as follows: On 10/4/2009, at about 04.00 a.m, when the first respondent was driving a mini Van bearing Registration No.TN-48-AL-4172, the petitioner was travelling in the vehicle as a load man, the driver of the vehicle drove the vehicle in a rash and negligent manner and the vehicle capsized. The petitioner sustained injuries. He was admitted in Trichy Government Hospital and he took treatment as inpatient from 10/4/2009 till 21/4/2009 and then, he was admitted as inpatient in Thanjavur Government Hospital from 29/10/2009 till 15/1/2010, he sustained permanent disability and the petitioner claimed a sum of Rs.5,00,000.00 as compensation.

(3.) Brief substance of the counter filed by the third respondent in M.C.O.P.No.123 of 2011 is as follows: The first respondent did not have a driving licence. The petitioner has travelled in the vehicle as an unauthorized passenger. The age, income, profession are all denied. The claim is excessive.