IFFCO TOKIYO GENERAL INSURANCE CO. LTD. Vs. RAMASAMY

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company challenging the finding rendered by the Motor Accidents Claims Tribunal (Sub -Judge), Bhavani, in and by award dated 05.03.2013 in M.C.O.P. No. 283 of 2011, in fixing the liability on the part of the Insurance Company to pay the compensation amount to the victim.

(2.) THE 1st respondent herein is the claimant before the Tribunal. It is the case of the claimant that on 31.08.2010 at about 10.15 am, while the claimant was riding his TVS XL (two -wheeler) bearing Registration No. TN -34 -K -9391 from Momarapalayam to Veppadai Road, from east to west, keeping extreme left side of the road, near Valarmathi Maligai Kadai, a Bajaj CD 100 (two -wheeler) bearing Registration No. TN -25 -F -2484 came from the opposite direction in a rash and negligent manner and dashed against the two -wheeler of the claimant and thus, caused the accident. In the said accident, the claimant sustained fracture on his right leg, lacerated wound on the elbow of the left hand and contusion on the chest. Hence, he made a claim for a sum of Rs. 5 lakhs as compensation.

(3.) IN order to prove their case before the Tribunal, on the side of the claimant, he examined himself as P.W. 1, besides examining one Dr. R. Krishnasamy as P.W. 2 and marked 11 documents as Ex. P. 1 to Ex. P. 11. On the side of the Insurance Company, an official from the Insurance Company was examined as R.W. 1 and three documents were marked as Ex. R. 1 to Ex. R. 3.