S PRASHANTH Vs. NOORJAGHAN; ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) On 14.01.2011, at about 12.45 p.m., when the claimant was proceeding on his TVS Super XL bearing Registration No.TN-24-F-7907, along with pillion rider, on the Kattupatti main road, the bus bearing Registration No.TN-29-E-5144, driven by its driver in a rash and negligent manner, dashed against the TVS Super XL. As a result, the claimant sustained injuries. Hence, he had levelled the claim against the owner and insurer of the bus.

(2.) The Insurance Company has filed a counter statement and opposed the claim. The respondent submits that the claimant and two others pillion riders had travelled on a TVS Super XL, and due to this, the claimant had lost his control and he dashed it against the bus. The driver of the bus did not possess valid driving licence and the bus was not covered with valid documents. The rider of the TVS Super XL had not possessed valid driving licence. The owner and insurer of the TVS Super XL are also necessary parties but they have not been impleaded as necessary parties. The averments regarding age, income and occupation of claimant was denied.

(3.) After considering the averments of both parties, the Tribunal had framed two issues. On the side of the claimant, two witnesses were examined and 8 documents were marked. On the side of the Insurance Company, no evidence, no documentary proof. After considering the evidence of the witnesses and on perusing the exhibits, the Tribunal had granted a sum of Rs.1,60,000/- as compensation with interest at the rate of 7.5% per annum. Not being satisfied with the quantum of compensation, the claimant has filed the above appeal for additional compensation.