NATIONAL INSURANCE COMPANY LIMITED Vs. MAHESWARAN

JUDGEMENT

(1.) THE 1st respondent/claimant was travelling as a pillion rider on the TVS-50 bearing registration No.TN-45J-4402, on 21.03.1999 at about 05.00 a.m., when the vehicle was nearing Thuvakudi Auto Stand and at that point of time a lorry bearing registration No.NO-02A-5792 which was coming from west to east direction on the Trichy to Tanjavoor high road and which was driven by its driver in a rash and negligent manner and dashed against the TVS-50 vehicle, in the result the claimant had sustained multiple injuries. Hence, the claim petition has been filed against the respondents.

(2.) THE 2nd respondent/National Insurance Company had filed a counter statement and refuted the claim petition. The respondent stated that at the time of accident, the vehicle was not insured with this respondent. The age, income, occupation and medical expenses all also denied. Actually, the 1st respondent's vehicle was proceeding from west to east direction on the left side and at that point of time the 3rd respondent's vehicle had been driven by its rider in a rash and negligent manner and dashed against the 1st respondent's veicle.

(3.) AFTER verifying the averments of the parties the motor accident Claims tribunal had framed two issued namely: (1) Whether the accident had happened due to the rash and negligent driving by the driver of the 1st respondent for 3rd respondent's driver or both?; (2) Whether the petitioner is entitled to claim any compensation? If, so what is the quantum of compensation?