S. NARAYANAN Vs. R. KUMAR

JUDGEMENT

(1.) The appeal is filed by the claimant seeking enhancement of compensation awarded by the Tribunal in M.C.O.P. No. 138 of 2007.

(2.) The claim petition came to be filed, seeking a compensation of Rs. 4,00,000, for the injuries and fracture sustained by claimant in a road accident he met with on 1.4.2006. The case of the claimant before the Claims Tribunal was that while he was travelling as pillion rider on a motor cycle bearing registration No. TN 20-M 2338, belonging to the respondent No. 1 herein and insured with the respondent No. 2 herein, the motorcyclist lost control over the motor cycle on noticing the vehicles coming from the opposite direction and caused the accident by falling into a pit and thereby caused injuries and fracture to the claimant.

(3.) The respondent No. 1, owner of the motor cycle, filed counter contending that his vehicle was covered by valid insurance policy with the respondent No. 2 and the rider of the motor cycle was also having a valid licence at the time of accident and hence, respondent No. 2, insurance company, alone is liable to pay compensation and prayed for dismissal of claim petition as against him.