ORIENTAL INSURANCE CO LTD Vs. K SEKAR; RAJENDAR

JUDGEMENT

(1.) The Insurer who figured as second respondent in M.C.O.P.No.402 of 2009 on the file of Motor Accident Claims Tribunal (I Additional Subordinate Judge), Coimbatore is the appellant in this Civil Miscellaneous Appeal.

(2.) K.Sekar, the first respondent herein filed a M.C.O.P.No.402 of 2009 claiming a sum of Rs.3,00,000/- as compensation from the second respondent herein and the appellant herein, as owner and insurer respectively of the vehicle for the injuries sustained by him in a road accident alleged to have taken place at 6.30 a.m. on 18.12.2008 near Ramalakshmi Mills, Kamarajar road, Singanallur, Coimbatore. Claim was made on the basis of the averment that the motor cycle bearing registration No.TN 37 AD 0040 belonging to the second respondent herein was the offending vehicle which hit the first respondent while he was walking along the road. It was the further contention made by the first respondent in his claim petition that while he was walking on the left side of the road, the above said motor cycle, which came in the opposite direction, was driven in a rash and negligent manner as a result of which it dashed against the first respondent. Based on the above said contention, the first respondent had claimed that the second respondent as owner of the said vehicle and the appellant herein as insurer of the said vehicle were jointly and severally liable to pay him a just compensation which the first respondent estimated at Rs.3,00,000/-.

(3.) As per the averments made in the M.C.O.P.No.402 of 2009, the following were the injuries sustained by the first respondent and the said injuries have led to permanent disability:-