DIVISIONAL MANAGER Vs. A.MUTHUKUMAR

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.631 of 2014 dtd. 16/11/2017 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Madurai.

(2.) The appellant/insurer, who was made liable to pay compensation of Rs.5,75,315.00 (Rupees Five Lakhs Seventy Five Thousand Three Hundred and Fifteen only) with interest at 7.5% per annum to the first respondent/claimant for the disability suffered by him, consequent to an accident occurred on 5/11/2013, challenged the liability mulcted on it and also the quantum of compensation awarded at, by the Tribunal. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Tribunal.

(3.) The case of the claimant is that on 5/11/2013 at about 05.00 p.m., while the claimant was proceeding towards his home in his TVS XL bearing Registration No.TN-58-AB-3523 after purchasing vegetables for his business from Central Market near Vilankudi, Kovil Pappakudi Railway Gate in Madurai - Dindigul main road, one two wheeler Passion Pro bearing Registration No.TN-64-F-1786, which came from the opposite direction with uncontrollable speed and rash and negligent manner, dashed against the claimant and as a result of which, the claimant sustained head injury and other multiple injuries all over his body, that the claimant was immediately taken to Vadamalayan Hospital, Madurai for treatment and that the accident was occurred only due to the rash and negligent riding of the Passion Pro two wheeler rider.