UNITED INDIA INSURANCE CO. LTD. Vs. JOHN MONOHAR

JUDGEMENT

(1.) ON 09.06.2004, at about 4.00 p.m., when the appellant / claimant was proceeding on his motorcycle bearing Registration No.TN-07-AA-1819 on the Kelambakkam Main Road, the 1st respondent's bus bearing Registration No.TN01-N-0389, driven by its driver in a reckless manner, dashed against the motorcyclist. As a result, the pillion rider of the motorcycle sustained grievous injuries and died. The rider of the motorcycle had sustained grievous injuries. Hence, the claimant has filed the claim petition against the owner and insurer of the bus and claimed compensation of a sum of Rs.10,00,000/- with interest.

(2.) THE respondent / Insurance Company had filed counter statement and resisted the claim petition. The respondent stated that the 1st respondent and the claimant had colluded with each other and claimed compensation against the Insurance Company, which is a fake claim. Initially the F.I.R. had been registered by the Investigation Officer and the same has not been proceeded with against the driver of the bus and the prosecution themselves have withdrawn the said F.I.R. The averments in the claim regarding age, income and occupation of the claimant was not admitted. The 1st respondent has filed a counter statement and stated that the rider of the motorcycle had committed the said accident through his negligent manner of riding. Further, the averments in the claim regarding nature of injuries and medical expenses was also not admitted.

(3.) ON the side of the claimant, two witnesses have been examined and 11 documents have been marked namely, Discharge summary, Doctor fees particulars, Medical bills, Transport expenditure bills, Lab reports, Photo, F.I.R. and X.ray. On the side of the respondents, the Investigator and Sub-Inspector have been examined and two documents were marked namely, Investigation report and Preliminary report. The Insurance Company has filed supplementary application under Section 170 of Motor Vehicles Act and defended the case on behalf of the owner of the bus.