MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD Vs. KALAIARASAN

JUDGEMENT

(1.) Dissatisfied with the Award, dated November 26, 2021, made in M.C.O.P. No.188 of 2014 on the file of 'Motor Accident Claims Tribunal (Additional Sub-Court), Mayiladuthurai' [henceforth 'Tribunal'], the Appellant/Second Respondent has filed this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the parties will henceforth be referred to as per their array before the Tribunal.

(3.) The case of the Petitioner is that on October 15, 2013, at about 08.30 p.m., the Petitioner was travelling on a Motorcycle bearing Registration No.TN-51-L-6890 belonging to the First Respondent, in Malliyakollai Main Road in South to North direction. At that time, a Motorcycle coming from opposite direction collided with the Petitioner's Motorcycle causing an accident, and fled the scene of occurrence. In the accident, the Petitioner sustained severe injuries as he was knocked off the Bike. Immediately, the Petitioner was rushed to Government Hospital, Mayiladuthurai and thereafter, he was admitted as an in-patient in Tiruvarur Government Medical College Hospital where he took treatment for ten days. Thereafter, the Petitioner was referred to Thanjavur Medical College Hospital where he took treatment for another ten days. Due to the accident, the Petitioner suffered fracture in his right leg toe, fracture in right hand fingers and multiple other injuries. Plastic Surgery has also been performed on the Petitioner. The Petitioner incurred more than a sum of Rs.1,00,000.00 as Medical Expenses. At the time of accident, the Petitioner had completed B.E. Civil Engineering and was working as a Supervisor in a Private Construction Company, thereby earning a sum of Rs.15,000.00 per month. A case in Crime No.504/2013 on the file of Manalmedu Police Station was registered under Ss. 279 & 337 of Indian Penal Code, 1860 against an 'unidentified vehicle'. Accordingly, the Petitioner filed a Claim Petition under Sec. 163-A of the Motor Vehicles Act, 1988 before the Tribunal seeking a sum of Rs.10,00,000.00 as Compensation.