NATIONAL INSURANCE CO. LTD Vs. JUMBO FERNANDEZ

JUDGEMENT

(1.) This Appeal is filed against the Judgment and Decree, dtd. 18/4/2011 in M.C.O.P. No.211 of 2008 passed by the learned II Additional Sub-Judge/ MACT, Trichy. The Appellant/Insurance Company herein is the 1st Respondent. The 1st Respondent herein is the Claimant in the Claim Petition.

(2.) Brief substance of the Claim Petition is as follows: On 20/3/2007 at about 09.30 p.m., when the Petitioner was riding his Two-wheeler on the extreme left side of the road, an auto came from the opposite direction, bearing Regn. No.TN-04-6944 in rash and negligent manner and dashed against the Two-wheeler. Due to the said accident, the Claimant has sustained injuries and he was admitted in Government Hospital, Trichy. After discharge, on 23/3/2007, he went to Cantonment Police Station, Trichy for preferring a Complaint, he came to know that the Auto Driver has given a false Complaint against the Claimant. The alleged accident has occurred only due to the rash and negligent driving of the Auto Driver. The Claimant claimed a Compensation of Rs.2.00 lakhs.

(3.) Brief substance of the Counter filed by the 2nd Respondent is as follows: The Petitioner is solely responsible for the accident. A Criminal case was registered against the Petitioner and he has also paid Fine before the Magistrate Court. The Petitioner is not entitled to any Compensation. The injuries are simple in nature. The Medical Expense has to be proved by the Petitioner.