ORIENTAL INSURANCE CO. LTD. Vs. C.THANGAMALAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award, dtd. 28/11/2012, made in M.C.O.P.No.28 of 2011, on the file of the Subordinate Judge - Motor Accident Claims Tribunal, Theni. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original M.C.O.P. Petition.

(2.) A Brief substance of the claim petition in M.C.O.P.No. 28 of 2011, is as follows: On 28/1/2010, when the petitioner was travelling in a two wheeler bearing Registration No.TN-60-E-7716 along the MayladumparaiVarushanadu main road, keeping the left side of the road in a slow and cautious manner, a TATA Ace vehicle bearing Registration No.TN-60-D-5954 driven by its driver in a rash and negligent manner, keeping the right side of the road, dashed against the two wheeler, thereby, the petitioner sustained injuries. He was taken to the Government Hospital, Theni and he took treatment as inpatient from 28/1/2010 till 2/2/2010, then he was admitted in Madurai Preethi Hospital and he took treatment as in patient from 2/2/2010 till 10/2/2010. Subsequently, he took treatment as out patient. The petitioner sustained permanent disability and he claimed a sum of Rs.3,00,000.00 as compensation.

(3.) A brief substance of the counter filed by the first respondent in M.C.O.P.No. 28 of 2011, is as follows: The first respondent drove the vehicle in a slow and cautious manner. It was the petitioner, who came in a rash and negligent manner along the wrong side of the road and he dashed against the respondent's vehicle. The first respondent was having valid driving licence. The vehicle was insured with the second respondent and the first respondent is not liable to pay compensation. The claim is excessive.