UNITED INDIA INSURANCE CO., LTD Vs. P.VEERASAMY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed to set aside the Decree and Judgment dtd. 4/6/2019 made in M.C.O.P.No.255 of 2018, on the file of the Motor Accident Claims Tribunal ( Additional District Judge) Hosur.

(2.) The said appeal is filed by the Insurance company challenging the negligence as well as the quantum of compensation. The parties will be referred to as per their ranking in the claim petition. For the sake of convenience, the Appellant Insurance Company shall hereinafter be referred to as " The Appellant" and the 1st Respondent who was the Claimant before the Claims Tribunal be referred to as the " Claimant" and the 2nd respondent as 2nd respondent.

(3.) The claim petition was filed under Sec. 166 of the Motor Vehicles Act, claiming a sum of Rs.25,00,000.00 as compensation. The claimant sustained injuries in a motor vehicle accident which occurred on 21/9/2015. As per the averments made in the claim petition, when the claimant was travelling as a pillion rider in Hero Splendor Plus motorcycle bearing Registration No.TN.70-H-5793 belonging to the second respondent on 21/9/2015, the motorcycle ridden by the 2nd respondent in a rash and negligent manner was hit by an unknown tempo vehicle. Consequently, the 2nd Respondent rider lost control of the motorcycle and both the Claimant and the 2nd Respondent fell down and sustained injuries.