MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SANJEEVAN

JUDGEMENT

(1.) Feeling aggrieved by the 'Award dated August 28, 2024 passed in M.C.O.P.No.213 of 2022' [henceforth 'impugned Award' for clarity and convenience] by the 'Exclusive Motor Accident Claims Tribunal, Dharmapuri ' [henceforth 'Tribunal' for brevity], the appellant /

(2.) nd respondent has preferred this Civil Miscellaneous Appeal. 2. For the sake of convenience, henceforth, the parties will be referred to as per their array in the Original Petition.

(3.) On January 17, 2022, at 12:45 p.m., the petitioner Sanjeevan, along with one Sakthivel, were proceeding to B.S. Agraharam on a motorcycle bearing Registration No. TN38-CY-0338, which was being driven by Sakthivel. When they came near the A-Sekkarapatti Pappampalayam Diversion Road, a car bearing Registration No. TN01- AS-8285, which was coming from the opposite direction and driven at high speed in a rash and negligent manner, collided with the motorcycle. As a result of the accident, both Sakthivel and petitioner sustained injuries. Immediately, the petitioner was taken to the Government Hospital in Dharmapuri for first aid and then shifted to Ganga Hospital in Coimbatore for further treatment. He was admitted as an inpatient from January 17, 2022, to January 26, 2022. During the course of treatment, the petitioner underwent surgery on his right leg. At the time of the accident, the petitioner was 20 years old and a third-year B.Sc. Geology student. He was also a National Level Kho Kho player and had been selected to participate in the International Kho Kho game. The first respondent is the owner of the Car and the second respondent is the insurer of the Car. Therefore, the petitioner filed Original Petition claiming compensation of Rs.75,00,000.00 from the respondents.