BRANCH MANAGER, NATIONAL INSURANCE CO. LTD Vs. KANNABIRAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.75 of 2012 dtd. 5/3/2015 on the file of the Motor Accident Claims Tribunal/Additional Subordinate Court, Dindigul.

(2.) The appellant/insurer, who was made liable to pay compensation of Rs.1,38,000.00 (Rupees One Lakh and Thirty Eight Thousand 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 10/12/2011, challenged the liability mulcted on it. 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 10/12/2011 at about 02.15 p.m., when the claimant was standing in Idayakottai to Ottanchatram main road, near Chinnakulipatti bus stop for taking bus to go to Ottanchatram, a lorry bearing Registration No.TSG-7386, which came from North in a rash and negligent manner, dashed against the claimant and as a result of which, the claimant sustained fracture on his left leg and multiple injuries all over his body, that the claimant was immediately taken to Ottanchatram C.F. Hospital and that the accident was occurred only due to the rash and negligent driving of the lorry driver.