M. HEMACHANDRAN Vs. P. VINOTHKUMAR

JUDGEMENT

(1.) The above Civil Miscellaneous Petition is directed against the Judgment and Decree, dtd. 30/11/2020 passed in M.C.O.P. No.123 of 2017 on the file of the Motor Accident Claims Tribunal, IV Additional District and Sessions Judge, Bhavani.

(2.) Shortly stated, on 1/12/2016 at about 11.30 a.m. near Bhavani to mettur main road near Karuppanaickenpalayam, the Petitioner was driving his Mini Auto bearing Registration No. TN-39-AD-2923 towards North to South of the road near Saint Marry's School. At that time, the bus bearing Registration No.TN-36-S-7979, which was driven by the Driver in a rash and negligent manner without following Traffic Rules and Regulations in high speed that is opposite direction and hit against the Petitioner. Due to the said accident the Petitioner was sustained simple and grievous injuries all over the body. Immediately after the accident the Petitioner was taken and admitted in Ganga Hospital at Coimbatore, as in patient for three months. The Petitioner spent a sum of Rs.6,00,000.00 for Medical Expenses and Attender Charges. FIR was registered against the Driver of the Bus in Crime No.671 of 2016 under Ss. 279 & 337 of I.P.C.

(3.) The 2nd Respondent/Insurance Company in its Counter would submit that the 2nd Respondent/Insurance Company has not issued any Policy of Insurance for the Vehicle TN-36-S-7979 in favour of the 1st Respondent, Owner of the Bus on the date of accident. There is no brevity of Contract between the Respondents 1 & 2 and therefore, the 2nd Respondent is not liable to indemnify, the 1st Respondent against the claim made by the Petitioner. The 1st Respondent is alone liable to pay the said Compensation. The Petitioner had not sustained any grievous injury or Permanent Disability as alleged. The income of the Petitioner is denied. Hence, prayed for dismissal of the Claim Petition.