NEW INDIA ASSURANCE CO. LTD Vs. GURUSAMY

JUDGEMENT

(1.) The above appeal has been filed by the Insurance Company challenging the findings regarding negligence and liability in the award passed in MCOP.No.1089 of 2013 on the file of Motor Accident Claims Tribunal, Tirunelveli.

(2.) The claim petition has been filed by the injured claimant under Sec. 163(A) of the Motor Vehicles Act.

(3.) As per the claim petition, the claimant was travelling in a motor bike on 9/10/2013 at about 21.45 hours which was insured with the third respondent. While he was travelling slowly, a Maruthi Omni Van belonging to the first respondent and insured with the second respondent was driven in a rash and negligent and came to a grinding halt without proper signal. It resulted in an accident in which the claimant sustained fracture of skull, fracture of left forearm, fracture of left femur, fracture of left tibia, apart from grievous injuries in both hands, legs and all parts of the body. According to the claimant, he was treated as an inpatient for a period of 28 days and referred to Tirunelveli Medical College Hospital. A criminal case was registered as against the claimant in Crime No.685 of 2013 on the file of Sathyamangalam Police Station and the said case is pending.