NEW INDIA ASSURANCE COMPANY LIMITED Vs. MOHAMED ALI

JUDGEMENT

(1.) THE first respondent herein / claimant had filed M.C.O.P.No.235 of 2001, on the file of Motor Accidents Claims Tribunal, Additional Subordinate Judge, Tenkasi, Tirunelveli District, against the appellant herein / Insurance Company and two others, claiming compensation of a sum of Rs.7,00,000/- with interest stating that on 09.02.1997, at about 3 p.m., the claimant and one Muthukrishnan had travelled in a JAZZ Moped bearing Registration No.TN-72-Y-3490, when the vehicle was proceeding on the Punniahpuram Main Road from north to south direction and at that point of time, the first respondent's lorry bearing Registration No.TN-45-D-0275, came at high speed in a rash and negligent manner from the opposite direction, i.e., south to north direction and dashed against the moped. As a result, the rider of the moped had sustained multiple injuries and hence, the claim petition had been filed.

(2.) THE Insurance Company had filed a counter statement and resisted the claim petition. The respondent denied that the driver of the lorry had driven the vehicle in a rash and negligent manner and dashed against the moped. Actually, the rider of the moped had ridden the vehicle in a rash and negligent manner and dashed against the lorry. Therefore, the insurer of the moped are necessary party, but in the claim petition, they have not impleaded as necessary parties. The respondent further denied the age, income and nature of injuries. The driver of the lorry had not possessed valid driving licence at the time of accident, hence, the Insurance Company had pleaded to dismiss the claim petition.

(3.) ON the side of the claimant, the claimant was examined as P.W.1 and the doctor has been examined as P.W.2. The claimant had marked thirteen documents, viz., F.I.R., Wound Certificate, Observation Mahazaar, rough sketch, motor vehicle inspector's report, charge sheet, doctor's prescription, X-ray, medical bills, X-ray report, scan reports and disability certificate. On the side of the respondent, no witness, no documentary evidence.