NEW INDIA ASSURANCE CO. LTD Vs. KANNIYAPPAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the liability fixed on them to pay Compensation to the Claimant, who sustained injuries in the Road Accident. On 26/1/2018, at about 7:45 am, while he was riding a Car TATA Indica Car bearing Registration No.TN-25-M-3339 towards Athiyur forest, at that time, the Car tyre has burst, thereby the Claimant has lost his control, dashed against the tree and sustained grievous injuries. A Criminal case in Cr. No.46 of 2018 under Ss. 279 & 337 of IPC was filed against the Claimant on the file of Kootu Salai Police Station. For the injuries sustained, the Claimant has filed Claim Petition seeking Compensation for a sum of Rs.10,00,000.00 by invoking Sec. 163-A of the Motor Vehicles Act, 1988.

(2.) For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Tribunal.

(3.) The First Respondent, who is the Owner of the Car has not contested the claim and remained ex parte. The Second Respondent-Insurance Company, who is the Insurer of the Car has filed a Counter and contended that the Claimant himself is a tortfeasor and he is not entitled to claim Compensation and further disputed the disability sustained due to accident, age, occupation and income of the Claimant and the Compensation Claimant under various heads is excessive.