UNITED INDIA INSURANCE CO. LTD. Vs. K. SHANTHAKUMAR

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the award dated 12.08.2013 passed in M.C.O.P.No.123 of 2011 on the file of the Motor Accident Claims Tribunal (Small Causes Court-III), Chennai.

(2.) The 2nd respondent herein is the claimant before the Tribunal and he filed a claim petition claiming a sum of Rs.3 lakhs for the injuries sustained by him in the accident that had occurred on 25.11.2010 involving the vehicle insured with the appellant herein/Insurance Company.

(3.) It is the case of the claimant before the Tribunal that on 25.11.2010 at about 19.00 hours, while he was proceeding in his two-wheeler bearing Registration No.TN-01-AL-9824, at 3rd main road in Ambattur Estate near Telephone Exchange, an auto bearing Registration No.TN-20-BS-0157 driven by its driver in a rash and negligent manner, came from the opposite direction, entered into the wrong side of the road and dashed against the two-wheeler, as a result of which, the claimant was thrown away from the two-wheeler. In the accident, the claimant sustained grievous injuries. Hence, he made a claim for a sum of Rs.3 lakhs as against the owner of the auto and Insurance Company.