ORIENTAL INSURANCE COMPANY LIMITED Vs. S.VELUKANDAPERUMAL

JUDGEMENT

(1.) THE appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.343 of 2009, on the file of Motor Accidents Claims Tribunal cum Principal Subordinate Court, Nagercoil.

(2.) THE short facts of the case are as follows:- The petitioner has filed the claim in M.C.O.P.No.343 of 2009, claiming compensation of a sum of Rs.2,50,000/- from the respondents for the injuries sustained by him in a motor vehicle accident. It was submitted that on 31.10.2004, at around 08.15 a.m., when the petitioner was walking on the Nagercoil-Aralvaimozhi National Highway, on the extreme left of the road, from west towards east, and when he was near the village office at Thovalai, the second respondent's 'bullet' motorcycle bearing registration No.TN-69-5065, coming from behind him, and ridden by its rider at a high speed and in a rash and negligent manner and without sounding horns, dashed against the petitioner and caused the accident. In the result, the petitioner fell down and sustained injuries in his left leg joint, left leg and head. He was immediately admitted at Thiraviam Hospital, Nagercoil, wherien he received treatment, as an inpatient from 31.12.2004 to 09.01.2005, and subsequently received treatment as an outpatient. A surgery was conducted on his left leg and plates with screws were fixed in the fractured are on 31.12.2004. A Neurologist was consulted to get his opinion about the head injuries. He has spent a sum of Rs.18,886/- towards medical expenses. It was submitted that another surgery is required to remove the plates and screws fixed in his left leg and that the cost of this surgery would be around Rs.20,000/-. At the time of accident, the petitioner was aged 56 years and was working as an agricultural coolie and earning Rs.6,000/- per month. Due to the injuries sustained by him, he has sustained permanent disability and not able to do any work. Hence, the petitioner has filed the claim against the first, second and third respondents, who are the rider, owner and insurer of the motorcycle bearing registration No.TN-69-5065.

(3.) THE second respondent in his counter has denied the averments in the claim regarding the income of the petitioner, manner of accident, nature of injuries sustained, medical treatment taken and medical expenses incurred by the petitioner. It was submitted that on the date of accident, i.e., 31.12.2004, the second respondent was not the owner of the motorcycle as he had already sold the vehicle to the first respondent on 08.08.2004, and as such, the second respondent cannot be held liable to pay any compensation. It was submitted that the claim was excessive.