THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE COMPANY LIMITED SOVAGANGAI DISTRICT AND ANR. Vs. S. PALANIAPPAN & OTHERS

JUDGEMENT

(1.) The appellant/2nd and 4th respondents have preferred the present appeal in C.M.A.(MD).No.1355 of 2008, against the judgment and decree passed in M.A.C.O.P. No.102 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court, Pudukottai.

(2.) The petitioner has filed the claim in M.C.O.P. No.102 of 2005, claiming compensation of a sum of Rs. 10,00,000.00 from the respondents for the injuries sustained by him in a motor vehicle accident. It was submitted that on 18.12.2004, at about 05.30 p.m., when the petitioner was travelling as a pillion rider in the motor cycle bearing registration No.TN-45T-0561, ridden by one Kannan and when the vehicle was proceeding near Adidravidar Colony near Manavalakkarai, the 1st respondent's motorcycle, which had been newly purchased and still un-registered, coming in the opposite direction and driven at a high speed in a rash and negligent manner by its rider, dashed against the motorcycle bearing registration No.TN-45T-0561 and caused the accident. As a result, the petitioner sustained fracture bone in his left shoulder and other injuries over his 1st toe of left leg. The rider of the motorcycle namely Kannan, also sustained injuries in his right leg, sole, left forearm, left wrist, nose and upper lip and two of his teeth in the upper jaw was also broken.

(3.) The petitioner was admitted at Thirumayam Hospital, wherein first aid was given and subsequently took treatment at Pudukottai Government Hospital, as an inpatient for three days. Subsequently, the petitioner received treatment under Dr. Rajamanickam at Meenakshi Hospital, Pudukottai. The petitioner incurred medical expenses of Rs. 50,000.00. Due to the injuries sustained in the accident, the petitioner is not able to do his work as before. Hence, the petitioner has filed the claim against the 1st, 2nd, 3rd and 4th respondents. The 1st and 2nd respondent are the owner and insurer of the un-registered motorcycle and the 3rd and 4th respondents are the owner and insurer of the motorcycle bearing registration No.TN-45T-0561.